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Declaration Final Version 012309 1
Declaration Final Version 012309 1
INTRODUCTION
BACKGROUND STATEMENT
ARTICLE I
DEFINITIONS
ARTICLE II
SUBJECT PROPERTY
ARTICLE III
PROPERTY RIGHTS
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS IN
REVELATIONS AT BIRD LAKES
4.1 Membership
4.2 Voting Rights of Membership
ARTICLE V
MAINTENANCE OF COMMON AREA
ARTICLE VI
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LOT AND UNIT MAINTENANCE
ARTICLE VII
FAILURE OF OWNER TO PERFORM OBLIGATORY MAINTENANCE
ARTICLE VIII
RIGHT OF ENTRY FOR MAINTENANCE OF
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC.
ARTICLE IX
ASSESSMENTS
9.1 Creation of Lien and Personal Obligation for Assessments of REVELATIONS AT BIRD
LAKES
9.2 Purpose of Assessments
9.3 General Assessments
9.4 Common Special Assessment
9.5 Notice of Members' Meetings Regarding Assessments
9.6 Date of Commencement of Assessment; Due Dates
9.7 Time for Fixing Assessments. Notice: Certification of Payments
9.8 Nonpayment of Assessment. Lien: Personal Obligation: Remedies
9.9 Recording of Claim of Lien
9.10 Subordination of Lien to Mortgages and Taxes: Priority Relative to Lien of Association
9.11 Notification of First Mortgagees of Default
ARTICLE X
USE RESTRICTIONS
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10.9 Lot Subdivision
10.10 Time Sharing Prohibited
10.11 Removal and Trimming of Trees
10.12 Sight Distance at Intersections
10.13 Utility Lines
10.14 Window Air Conditioners
10.15 Exterior Lighting
10.16 Window and Door Treatments
10.17 Storm Shutters
10.18 Owners, Occupants, Guests. Etc, Bound
10.19 Remedies for Violation; Imposition of Fines
10.20 Architectural Control Committee
ARTICLE XI
EASEMENTS; DEDICATION
ARTICLE XII
INSURANCE, CASUALTY LOSSES AND RESTORATION
ARTICLE XIII
ENCROACHMENTS
14.1 No Partition
ARTICLE XV
CONDEMNATION
15.1 Condemnation
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ARTICLE XVI
RIGHTS AND OBLIGATIONS OF
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC.
ARTICLE E XVII
MORTGAGEE PROVISION
ARTICLE XVIII
TRANSFER OF UNIT
ARTICLE XIX
AMENDMENT OF DECLARATION
ARTICLE XX
MISCELLANEOUS PROVISIONS
ARTICLE XXI
COVENANTS RUNNING WITH THE LAND: TERM: RULE AGAINST PERPETUITIES
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EXHIBIT “1” LEGAL DESCRIPTION
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DECLARATION OF COVENANTS AND RESTRICTIONS
FOR REVELATIONS AT BIRD LAKES
BACKGROUND STATEMENT
B. DECLARANT desires to establish, under this Declaration, a plan for the development,
management and maintenance of a residential community encompassing and including the all the
real property identified in the plat of BIRD LAKES TOWNHOMES SECTION THREE,
recorded, in Plat Book 135 at Page 48 of the Public Records of Miami-Dade County, Florida, a
subdivision residential community, which community is hereinafter referred to as
REVELATIONS AT BIRD LAKES.
D. This DECLARATION supersedes, replaces, and declares null and void prior
Declaration of Covenants, Conditions and Restrictions covering the real property more
particularly described in Exhibit “1”.
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provided in this instrument, shall be held, conveyed, occupied and used subject to the easements,
restrictions, covenants, conditions, charges and liens provided in this instrument, which shall
constitute covenants running with the land, binding upon and inuring to the benefit of all parties
having or acquiring any right, title, lien, or interest in said real property, or any part thereof and
their heirs, successors and assigns.
ARTICLE I
DEFINITIONS
When used in this Declaration of Covenants, Conditions, and Restrictions, the following
words and terms shall have the following meanings:
(a) "COMMON AREA" Means all land and improvements thereon subject to this
Declaration intended for the common use and enjoyment of
Owners.
(h) “STORMWATER
MANAGEMENT
SYSTEM” Means a system which is designed, constructed, or
implemented to control discharges which are necessitated by
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rainfall events, incorporating methods to collect, convey, store,
absorb, inhibit, treat, use, or reuse water to prevent or reduce
flooding, over drainage, environmental degradation and
water pollution, or to otherwise affect the quality and
quantity of discharge from the system, as permitted pursuant
to Chapter 40E-4, 40E-40 or 40E-42, Florida
Administrative Code.
(j) "UNIT" Shall mean and refer to a structure on any Lot(s) designed
and intended for use as set forth herein although it may
share a common or party wall with one or more other Units.
Where the context so admits or requires the term "Lot" and
"Unit" shall be mutually inclusive and interchangeable.
(k) "REVELATIONS AT
BIRD LAKES
HOMEOWNERS
ASSOCIATION, INC." Means REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC., a Florida
corporation not-for-profit, its successors and assigns,
chartered under the laws of the State of Florida for the
purpose of administering the operation of the real property
composing BIRD LAKES TOWNHOUSE SECTION
THREE.
ARTICLE II
SUBJECT PROPERTY
All the real property which is subject to this Declaration and which shall be held,
transferred, sold, conveyed, used, enjoyed and occupied subject to this Declaration are identified
in the plat of BIRD LAKES TOWNHOMES SECTION THREE, a residential community, which
community is hereinafter referred to as REVELATIONS AT BIRD LAKES.
2.2 Additions:
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Real property other than the initial real property described above may be submitted and
made subject to this Declaration in the following manner:
The annexation of additional real property and the submission of same to this Declaration
pursuant to Section 2.2 (a) shall be by the filing in the Public Records of Miami-Dade County,
Florida, of a Supplemental Declaration of Covenants, Conditions and Restrictions executed by
the Board of Directors of REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC with the formalities of a deed and with which Supplemental Declaration
there shall be filed of record any required consents. The annexation and submission of additional
real property to this Declaration pursuant to Section 2.2 (b) shall be by the filing in the Public
Records of Miami-Dade County, Florida, of a Supplemental Declaration of Covenants and
Restrictions executed by the President and Secretary of REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC., with the formalities of a deed and with which
Supplemental Declaration there shall be filed of record any required consents.
ARTICLE Ill
PROPERTY RIGHTS
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At the time of the filing for record of this Declaration, Members are the owners and
holders of title to all of the Common Area subject to the Declaration.
Every Owner (unless such owner has leased his Unit) and every Lessee of any Unit shall
have a right and easement of enjoyment in and to the Common Area which right and easement
shall be appurtenant to and shall pass with the title to each Unit, subject to the following:
(a) This Declaration, the provisions of any recorded plat including the Lot, the Articles of
Incorporation and the By-Laws of REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC.
(b) Reasonable rules and regulations as may be adopted from time to time by
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC.
governing the use and enjoyment of the Common Area, which rules and regulations
may include the imposition of reasonable charges for admission and other fees for use
of facilities in the Common Area.
Any Owner may delegate his right of use and enjoyment of the Common Area to
members of his family, guests and tenants, subject to such rules and regulations, as may be
adopted from time to time by REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC., except as herein provided, the right of use and enjoyment of the Common
Areas may not be assigned, transferred or delegated.
ARTICLE IV
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MEMBERSHIP AND VOTING RIGHTS IN
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC.
4.1 Membership:
All persons or entities who are record owners of the fee simple title to any Unit shall be
Members of REVELATIONS AT BIRD LAKES, provided that no person or entity who holds
any such interest only as security for the performance of an obligation shall be a Member by
virtue of such interest. Membership shall be appurtenant to and may not be separated from
ownership of any Unit.
Members shall be entitled to one vote for each Unit owned by such Member, on all
matters in which Members shall be entitled to vote. In any case in which more than one person
or entity is the owner of the fee simple record title, all such persons and entities shall be
Members and the vote pursuant to such Deed shall be cast by the person named in a certificate
signed by a majority of such owners filed with the Secretary of REVELATIONS AT BIRD
LAKES HOMEOWNERS ASSOCIATION, INC., the last filed such certificate being effective
and repealing any previous such certificates. As to any Deeds in the name of husband and wife,
either may cast their vote and no certificate designating the spouse to cast the vote shall be
required.
ARTICLE V
MAINTENANCE OF COMMON AREA
ARTICLE VI
LOT AND UNIT MAINTENANCE
The maintenance of the interior of each Unit shall be the responsibility of the Owner of
the Unit and the Unit Owner shall maintain the interior of his Unit in good, clean and sound
condition. For the purposes hereof, the interior of the Unit shall include all elements within the
boundary walls, including garages, and from the undersurface of the ground floor slab to the
interior of the roof of the Unit, and particularly the interior wiring, plumbing and heating and
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cooling equipment, and doors, windows and window frames, screens and locks. Interior
maintenance of each Unit shall be at the sole cost and expense of the Unit Owner.
Notwithstanding the foregoing, the provisions of Section 12 shall apply to and govern repair or
restoration of any part of a Unit, except improvements or betterments made by the Unit Owner,
made necessary by casualty insured against under policies carried or insuring the
ASSOCIATION.
(a) Unit Exteriors: The maintenance of the exterior of each Unit shall be the
responsibility of the Owner of the Unit and the Unit Owner shall maintain the
exteriors, roofs and driveways of the Units, and the structural elements of party walls
of the Units, in good and sound condition, including, but not limited to, exterior
painting and roof repair and replacement, and the cost thereof shall be borne by the
Owner.
(b) Landscape Maintenance: The lawns and landscaping of the Lots, excluding the
common areas shall be maintained by the Owner of the unit or lot. REVELATIONS
AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC. shall provide and
maintain the landscaping of the Common Areas. Unit Owners shall provide and
maintain irrigation of the landscaping on their Lot at the sole cost and expense of the
Unit Owner.
Each wall built as part of the original construction of the Units, whether
inside or outside a Unit, shall constitute a party wall, and, to the extent not inconsistent with the
provisions of this Article, the general rules of law regarding party walls and liability for damage
due to negligence or willful acts or omissions with regard to party walls shall apply.
In the event that any dispute shall arise under this Article between Owners concerning
any roof or party wall the dispute shall be promptly submitted to binding arbitration, each party
to the dispute selecting one arbitrator and those arbitrators choosing one additional arbitrator.
The matter shall be submitted to the board of arbitration so selected and the decision shall be by
a majority of the arbitrators. The rules and procedures in such arbitration shall be in accordance
with the Rules of the American Arbitration Association, to the extent that such Rules shall be
appropriate.
ARTICLE VII
FAILURE OF OWNER TO PERFORM OBLIGATORY MAINTENANCE
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If any Owner shall fail to perform any maintenance which shall be the obligation of that
Owner under the provisions of this Declaration, including but not limited to the maintenance of
landscaping within an Owner’s Lot, repainting made necessary by that Unit Owner, as stated
herein, repair and/or maintenance to the roof made necessary by that Unit Owner, as stated
herein, or repair and/or maintenance to any structural elements of the party walls of the Units
made necessary by that Unit Owner, as stated in herein, REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC., upon affirmative vote of its Board of Directors shall
have the right to perform same and to assess the cost of such maintenance plus a fee of 25% of
the actual cost of the work for procuring same to be done and overseeing its performance against
the Unit of such defaulting Owner and such assessment shall be added to and become due and
payable as part of the next assessment installment becoming due. Promptly following the
affirmative vote of the Board of Directors to have REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC., perform maintenance omitted by the Owner of a Unit,
the Unit Owner shall be given written notice of such action by the Board of Directors and that
the specified work will be undertaken by REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC., unless the Unit Owner shall commence the work within ten business (10)
days, or two weeks from the giving of such notice and diligently prosecute the work to
conclusion. Upon failure of the Unit Owner to so commence and prosecute the work,
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC., shall have the
right to enter upon the Unit and cause the required work to be performed.
ARTICLE VIII
RIGHT OF ENTRY FOR MAINTENANCE OF
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION
ARTICLE IX
ASSESSMENTS
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9.1 Creation of Lien and Personal Obligation for Assessments:
(c) Fiscal Year: The fiscal year shall be the calendar year, unless otherwise provided by
majority vote of the Members voting at a meeting duly called for that purpose at
which meeting a quorum is present.
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(d) Maintenance and Replacement Reserve: The annual assessment shall include
provisions for an adequate reserve fund for maintenance, repairs, and replacement of
those elements of the Common Area that must be replaced on a periodic basis and
may include reasonable reserves for other purposes. However, upon the affirmative
vote of a majority of the votes entitled to be cast at a duly called meeting of the
Members or upon written consent of Members representing a majority of such votes
the requirement for reserves may be waived or modified for any fiscal year. No such
waiver shall be effective for more than a single fiscal year.
In addition to the annual assessments authorized in this Article IX, the Board of Directors
of REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC., may levy from
time to time common special assessments against all Units for such purposes as are permitted
under this Declaration.
Written notice of any meeting of Members called for the purpose of taking any action
authorized or required under this Article IX regarding any assessment shall be sent to all
Members not less than thirty (30) days nor more than sixty (60) days in advance of such meeting.
The assessments provided in this Article shall commence on dates fixed by the Board of
Directors of REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC.,
which, in each case, shall be the first day of a month. The due date of any assessment shall be
fixed in the resolution authorizing such assessment. Assessments shall be payable in advance in
one payment or in monthly or quarterly installments as may be determined by the Board of
Directors.
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HOMEOWNERS ASSOCIATION, INC., stating whether such assessment has been paid, and, if
not, the amount of the remaining balance and any interest or late charges accrued or accruing.
Such certificate shall be conclusive evidence of payment of any assessment stated therein to have
been paid.
If any assessment against a Unit shall not be paid on the date due, such assessment shall
be delinquent. The Board of Directors of REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC., may, from time to time, establish and impose uniform late fees or
charges, not to exceed the greater of Twenty Five ($25) Dollars, or five (5%) percent of the
amount of each installment that is paid past the due date and provide for the accrual of interest on
delinquent assessments, at any lawful rate, not to exceed eighteen (18%) percent per year. If any
assessment is not paid within fifteen (15) days after its due date, the Board of Directors of
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC. at its discretion,
may upon five (5) days written notice to the delinquent Owner declare due and payable all
assessments applicable to that Owner's Unit for the year in which the delinquency occurs. The
assessment when due, any late fee or charge and any interest imposed, the accelerated
assessment for the year, if accelerated, and all costs of collection, including reasonable attorney's
fees incurred by REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC.,
and advances made by REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION,
INC., for taxes and insurance on the Unit to preserve and protect the security of the lien, with
interest at the highest lawful rate, shall be a continuing lien on the Unit against which such
assessment was levied superior to all other liens except as provided in Section 9.11. If there shall
be no limit on lawful interest, then interest provided in the preceding sentence of this Section
shall accrue at the rate of eighteen (18%) percent per annum. All amounts becoming due
hereunder for fees, charges, interest, costs and accelerated assessments shall be the personal
obligation of the Owner or Owners of the Unit against which imposed and, if permitted by law,
which shall be secured by the lien for the past due assessment provided in Section 9.1. If the
assessment is not paid within forty-five (45) days after its due date, REVELATIONS AT BIRD
LAKES HOMEOWNERS ASSOCIATION, INC., may at any time thereafter give notice of its
intention place a lien against the Lot or Unit if not paid within forty-five (45) days. If after said
time periods payment is not made the Association, may foreclose the lien against the Unit
covered by said assessment for all sums secured by said lien as hereinabove provided and may,
in said foreclosure action or in a separate action seek to enforce the personal obligation of all
parties liable. Said lien shall be enforceable in the same manner as are mortgages encumbering
real property in the state of Florida. Neither the institution of an action to foreclose said lien nor
the institution of an action to enforce said personal liability shall constitute an election of
remedies and the Association, shall be entitled to pursue all remedies to effect collection
provided in this Declaration or by the law of the State of Florida.
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recording of a claim of lien shall be a condition precedent to the existence of such lien and to the
institution of action to enforce said lien or to effect collection of any amount owing thereon.
9.10 Subordination of Lien to Mortgages and Taxes: Priority Relative to Lien of Association
Upon written request of the holder of any first mortgage REVELATIONS AT BIRD
LAKES HOMEOWNERS ASSOCIATION, INC., shall notify such mortgagee in writing of the
occurrence of any default by the Owner of the mortgaged Unit in the performance of any
obligation under this Declaration, which shall not be cured within sixty (60) days from inception
of such default.
ARTICLE X
USE RESTRICTIONS
All Lots and Units shall be used only for single-family residential purposes. This
restriction shall not be deemed to prevent the Owner from leasing a Unit to a single family,
subject to the provisions of this Declaration.
10.2 Nuisance:
It shall be the responsibility of each Owner to prevent the development of any unclean,
unhealthy, unsightly or unkempt condition of his or her Unit. No Unit shall be used for the
storage of any material that will cause such Unit to appear to be in an unclean or untidy condition
or to be aesthetically obnoxious. No material shall be kept upon any Unit that will emit foul or
obnoxious odors or that will cause any noise or other condition disturbing of the peace, quiet,
safety, comfort or serenity of the occupants of surrounding property. No noxious or offensive
activity shall be carried on upon any Unit nor shall anything be done thereon tending to cause
embarrassment, discomfort, annoyance, or nuisance to any person using any property within the
Association. No plants, animals or devices the activities or existence of which is noxious,
dangerous, unsightly, unpleasant, or of such nature as to diminish or interfere with the enjoyment
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of the residents of REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC.,
shall be maintained on any Lot.
(a) Limitation on Pets: The only animals or pets which may be kept on any Lot or
within any Unit shall be dogs, cats or other usual and common and household pets.
10.4 Signs:
No sign shall be placed on any Lot or on the Common Area without the prior approval of
the Board of Directors of REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC., except as may be required by legal proceedings. Notwithstanding the
provisions of this Section, the Board of Directors or DECLARANT shall have the right to place
signs in REVELATIONS AT BIRD LAKES, as the Board of Directors or DECLARANT may
deem appropriate.
10.5 Parking:
Parking shall be permitted only in the parking area or driveway serving each Unit and
then subject to such reasonable rules and regulations as the Board of Directors of
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC. may adopt.
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No commercial vehicles, vehicles with commercial writing on their exteriors, vehicles
primarily used or designed for commercial purposes, tractors, mobile homes, recreational
vehicles, trailers, campers, camp trailers, boat trailers, commercial type vans shall be permitted
within in REVELATIONS AT BIRD LAKES, except that commercial vehicles will be permitted
for purposes of delivery and pick-up for the convenience of residents of REVELATIONS AT
BIRD LAKES during such periods as shall be necessary for the accomplishment of work
contracted for in REVELATIONS AT BIRD LAKES by an Owner or REVELATIONS AT BIRD
LAKES HOMEOWNERS ASSOCIATION, INC. The Board of Directors shall have the
authority to adopt additional and expanded rules and regulations applicable to vehicles in
REVELATIONS AT BIRD LAKES as the Board of Directors shall determine from time to time,
and to grant variances from the foregoing prohibitions for such Units and upon such conditions
and for such periods as it shall determine. The prohibitions listed herein apply only to those
individuals and entities become Owners/Occupants after the recordation of the Declaration.
(a) Definition of Leasing and Renting. For the purposes of this Declaration, "leasing"
and "renting" shall mean the permitted occupancy of a Unit by any person or persons
other than the Owner of the Unit and his or her immediate family regardless of whether
consideration is paid for the right of occupancy.
(i) General. Units may be rented or leased only in their entirety. No portion of a
Unit may be rented. No sub-Leasing of Units or assignment leases shall be permitted
without the prior written approval of the Board of Directors of REVELATIONS AT
BIRD LAKES HOMEOWNERS ASSOCIATION, INC. No transient rentals shall be
permitted. All leases shall be in writing and the Board of Directors shall have the
authority to prescribe the general form of lease to be used. No lease may be for a
term of less than three months and no Unit may be subject to more than one lease in
any twelve (12) month period, regardless of the term of the lease. Any Owner leasing
his or her Unit shall, prior to the delivery of possession to the lessee, provide to the
Association, copies of the lease with the name, permanent address and telephone
number of the lessee and shall deliver to the lessee copies of this Declaration and all
then promulgated rules and regulations. The Board of Directors shall have the right,
on a uniform basis, to require a security deposit to be posted with the Association, by
any Unit Owner leasing his Unit to cover any expense or damage incurred by the
Association, caused by that Owner's lessee.
(ii) Approval of Board of Directors. All leases shall be submitted to the Board of
Directors for approval prior to becoming effective. The Board of Directors may
require additional information with respect to the proposed occupants of the Unit to
be leased or the proposed lease, and may require an interview with the proposed
occupants of the Unit prior to approving the lease. The proposed tenant shall
complete an application to be provided by the Board of Directors, including a
reasonable fee, not to exceed One Hundred ($100.00) for the purposes of screening
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the prospective tenant and/or occupant. The Board of Directors shall approve or
disapprove each lease submitted for approval within thirty (30) days of submission of
all required information or the lease shall be deemed approved. No lease may be
approved if any assessment due REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC., for the Unit being leased shall be more than
ten (10) days delinquent or if the Member or the proposed lease shall fail to comply
with the Declaration, the By-Laws, the rules and regulations, or the requirements and
restrictions contained in this Article. In determining whether to approve a lessee of a
Unit, the Board of Directors shall not discriminate on the grounds of race, gender,
religion, national origin, physical or mental handicap, familial status or on any basis
prohibited by law. In the event of disapproval, a proposed lease shall not take effect
until any deficiencies specified by the Board of Directors shall have been corrected
and acknowledged to have been corrected by the Board of Directors
(iii) Compliance with Declaration, By-Laws and Rules and Regulations. Every
Owner shall cause all occupants of his or her Unit to comply with the Declaration,
By-Laws and the rules and regulations of REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC., and shall be jointly and severally liable
with such occupants for any damage or injury to the Common Area or property of the
Association caused by such occupants.
10.8 Antennae:
The FCC does not permit a requirement that the Association approve installation of a
satellite dish that is up to one meter (39.37”) in diameter. (Placement preference: Below the
fence line out of public sight location that signal can be received) Any owner desiring to install
an antenna must complete a notification form and submit it to the Architectural Control
Committee c/o the Association office. If the installation is routine and conforms to all of the
placement rules and guidelines the installation may begin immediately. If the installation is other
than routine for any reason, the owner must complete a notice of intent form and must contact
the Association to discuss installation methods that will allow for obtaining an acceptable quality
signal in an aesthetically pleasing and safe manner. The Federal Commission (“the FCC”)
adopted a rule effective October 14, 1996, preempting certain restrictions in the governing
documents concerning the installation, maintenance, and use of direct broadcast satellite (DBS),
multipoint distribution service (MDS), and television broadcast antennas (“antennas”).
The Association desires and intends to adopt reasonable rules and guidelines governing
installation, maintenance and use of antennas in the best interests of the community and
consistent with the FCC rule. The rules don not permit you to install an antenna on top of a roof.
However, you may install the antenna wholly within a balcony, deck, patio, or other area where
you have exclusive use. The Commission’s rules generally do not cover installations if you drill
through a common element. Antennas may be installed only on individually owned property as
designated on the recorded deed. If acceptable quality signals may be received by placing
antennas inside a dwelling, without unreasonable delay or unreasonable cost increase, then
outdoor installation is prohibited. Antennas must not encroach upon common areas or any other
owner’s property. Antennas must be located in a place shielded from view from the street,
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common areas or from other lot to the maximum extent possible; provided that an acceptable
quality signal may be received from that location. The primary location for any antenna is the
rear yard below the fence and/or wall line. In the event that proper reception cannot be achieved
in this location, the owner must contact the Association to obtain assistance in finding an
aesthetically pleasing location for the installation of the antenna. No antenna may be installed on
common property, even if an acceptable quality signal may not be received from an individually
owned lot. Please refer to the ACC manual for further information.
No Lot shall be subdivided or its boundary lines changed except with the prior approval
of the Board of Directors of REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC., and in accordance with applicable zoning and land use laws and then
only for the purpose of increasing the size of an adjacent Lot or adjacent Lots. No such
subdivision of a Lot shall increase the vote in REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC., appurtenant to any Lot.
No Unit shall be made subject to any type of timeshare, interval ownership or similar
plan in which the right to the use of the Unit rotates among multiple owners or members of the
plan over a period of years.
No Unit Owner shall remove or trim any tree or landscaping, the maintenance of which,
under the Declaration, is the responsibility of REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC. All such operations shall be conducted by
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC., or its designees.
All utility and communication lines shall be installed underground, except for temporary
lines as may be required during the course of construction and as otherwise may be required by
applicable law for safety purposes. This subsection does not apply to any currently installed
above-ground utility lines.
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No window air conditioning unit may be installed in any Unit.
Except for seasonal decorative lights during the period from November 1 to January 30
each year, no exterior lights may be installed or used without the prior approval of the Board of
Directors of REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC., or the
designee of the Board.
All windows on any Unit visible from any other part of REVELATIONS AT BIRD
LAKES HOMEOWNERS ASSOCIATION, INC., shall have shades, draperies or other window
treatments visible from the exterior of the Unit which shall be of a color blending with the
exterior color of the Unit or as otherwise authorized by the Architectural Review Committee
(ARC). Reflective window coverings are prohibited. The Board of Directors shall determine
from time to time, and upon request, to grant variances from the foregoing prohibitions for such
Units and upon such conditions and for such periods as it shall determine
Storm shutters may not be permanently installed on any Unit unless first approved by the
Architectural Review Committee. Such shutters may be installed temporarily while the threat of
a hurricane or similar storm is imminent, provided any shutters shall be promptly removed once
such threat has passed. In the event of an unusually active hurricane season, in which
hurricanes/tropical storms cause a continuous threat to exist for South Florida with multiple
hurricanes/tropical storms approaching within a short period of time, Owners shall not be
required to remove their storm shutters until the imminent or proximate threats of said
hurricanes/tropical storms shall no longer exist.
The provisions of this Declaration, the By-Laws and the rules and regulations
promulgated by REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC.,
governing REVELATIONS AT BIRD LAKES and regulating the conduct of Owners shall also
apply to all occupants, guests and invitees of any Unit and any licensee permitted to enter upon
the community. It shall be the obligation of each Owner to cause all occupants of his or her Unit
and any guest, invitee or licensee of that Owner to comply with said Declaration, By-Laws and
rules and regulations. Each Owner shall be responsible for all violations by such occupants,
guests, invitees and licensees and for any loss or damage caused by them to the property of
REVELATIONS AT BIRD LAKES while in REVELATIONS AT BIRD LAKES as such
occupant, guest, invitee or licensee. Such liability shall be joint and several with that of the party
causing such loss or damage.
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(a) Section 1. Enforcement. Failure of an Owner to comply with such rules and
regulations shall be grounds for action which may include, without limitation,
an action to recover sums due for damages, injunctive relief, or any
combination thereof. In addition to any sanction provided in this Declaration,
the By-Laws or the rules and regulations for REVELATIONS AT BIRD
LAKES violation or breach of any condition, restriction or covenant of this
Declaration or of any By-Law, rule or regulation shall give REVELATIONS
AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC., the right to
impose a fine or fines may be imposed upon an Owner for failure of an
Owner, his family, guests, invitees, lessees, or employees to comply with any
rule and regulation provided the following procedures are adhered to:
iii. Fine. A fine may not exceed $100 per violation for each day of a
continuing violation and no such fine may exceed $2000.00 in the
aggregate.
iv. Payment. A fine shall be paid not later than thirty (30) days after notice
of the imposition of the fine. A fine shall not become a lien against a
parcel or Lot. In any action to recover a fine, the prevailing party is
entitled to collect its reasonable attorney’s fees and costs from the non
prevailing party.
(b) Section 2. Other Remedies. The Association and any affected Owner, in addition
to all other remedies provided by law, shall have the right to institute an action to
compel compliance by the party in violation or breach. The prevailing party of
any such action to be entitled to recover attorneys’ fees and costs through the
appellate level.
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Section 1. MEMBERS OF THE COMMITTEE. The Architectural Control Committee,
sometimes referred to in this Declaration as the “committee”, shall consist of three members. The
initial members of the Committee shall consist of persons designated by Declarant. Each of said
persons shall hold office at the discretion of the Board of Directors of REVELATIONS AT BIRD
LAKES HOMEOWNERS ASSOCIATION, INC. Thereafter, each new member of the
Committee shall be appointed by the Board and shall hold office until such time as he has
resigned or has been removed or his successor has been appointed, as provided herein.
A. Subject to Section B of this Section 2, no buildings, fences, walls, pools, roofs, gutters or rain
spouts, antennae, aerials, microwaves, external enclosures (including entry screen and patio
screen enclosures), landscaping (including hedges and massed plantings) or other
improvements shall be commenced, erected, installed, altered, modified, painted, planted, or
maintained on the Property, including the Lots, nor shall any canopy, shutters, or window
coverings be attached to or placed upon outside walls or roofs of any Home or building by
any Owner until and unless two (2) complete sets of the plans and specifications prepared by
an architect, landscape architect, engineer or other person found to be qualified, showing the
nature, dimensions, materials and location of the same have been submitted to and approved
in writing by the committee.
B. The Committee shall approve proposals of plans and specifications submitted for its approval
only if it deems that the construction, alterations or additions contemplated will not be
detrimental to the appearance of the surrounding area of the Property as a whole, and that the
appearance of any structure affected thereby will be in harmony with the surrounding
structures and is otherwise desirable. The Committee may also issue rules or guidelines
setting forth procedures for the submissions of plans and specifications. If the proposed
construction, alterations or additions are to a portion of the Improvements which the
Association is obligated to maintain, said approval shall also be subject to approval by the
Board. The Committee may condition its approval or proposals in such a manner as it deems
appropriate and may require the submission of additional information prior to approving or
disapproving such plans.
C. The Committee shall have thirty (30) days after delivery of all required materials to approve
or reject any such plans and, if not approved within such thirty (30) day period as extended
by the Association, such plans shall be deemed rejected, provided that, in any event, no such
addition, construction or alteration shall be made by any Owner which is detrimental or
inconsistent with the harmony, appearance or general scheme of the Property as a whole.
D. Notwithstanding any provision in this Article to the contrary, the approval of the Committee
shall not be required for any additions, changes or alterations within any Home if such
additions, changes or alterations are not visible from outside of such Homes. All changes and
alterations shall be subject, independently, to all applicable governmental laws, statutes.
ordinances, rules and regulations.
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E. Any Owner erecting, installing, or constructing any buildings, fences, walls, pools, roofs,
gutters or rain spouts, antennae, aerials, microwaves, external enclosures (including entry
screen and patio screen enclosures), landscaping (including hedges and massed plantings) or
other improvements shall be commenced, erected, installed, altered, modified, painted,
planted, or maintained on the Property, including the Lots, any canopy, shutters, or window
coverings with the prior written consent of the committee shall be subject to the provisions
of Section 7.1, 8.1, 10.19 and 16.3 of the Declaration.
ARTICLE XI
EASEMENTS: DEDICATIONS
There is hereby declared and created an easement upon, across, over, through and under
REVELATIONS AT BIRD LAKES, excluding the interior of Units constructed in
REVELATIONS AT BIRD LAKES and the land underlying those Units, for installation,
replacement, repair and maintenance of all utility, communication and service lines and systems,
including but not limited to water, sewer, gas, telephone, electric, television, cable or other
communication lines and systems. Such easement shall also exist in and under the areas of the
Pedestrian Ingress/Egress Easements shown on the Plat of BIRD LAKES TOWNHOUSE
SECTION THREE. Pursuant to this easement it shall be permissible for REVELATIONS AT
BIRD LAKES HOMEOWNERS ASSOCIATION, INC., or the providing utility or service
company to install and maintain such facilities and equipment in the easement areas as shall be
required to provide utility and communications services for REVELATIONS AT BIRD LAKES
and to conduct such excavation and other operations in the easement areas as shall be necessary
for such purposes and to affix and maintain wires and conduits on the roofs and exterior walls of
the Units, provided that same shall be done in such manner as to preserve the aesthetic quality
and appearance of the Unit and any disturbed areas shall be restored to the condition existing
prior to such disturbance. Notwithstanding anything to the contrary contained in this Article, no
utility or communication lines or facilities may be installed or relocated in the easement areas or
on any Unit except with the prior written approval of the Architectural Review Committee shall
be required for, such installation or relocation.
There is hereby declared and created in favor of each Unit Owner an easement for
ingress, egress, use and enjoyment in and to the Common Area which easement is appurtenant
and shall pass with title to each Unit. Unit Owners may delegate their rights of ingress, egress,
use and enjoyment in and to the Common Area to members of their families, their tenants, guests
and invitees and the lease of a Unit shall be deemed to include such delegation to the lessee for
the term of the lease. REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION,
INC., shall have-the right to suspend the right of use and enjoyment of any recreational facility in
the Common Area appurtenant to any Unit during any period in which an assessment against that
Lot shall be delinquent.
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11.3 Right of REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC. to
Grant Easements:
ARTICLE XII
INSURANCE. CASUALTY LOSSES AND RESTORATION
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$1,000,000.00 Dollars for injuries to a single person and $1,000,000.00 Dollars per
occurrence, and $1,000,000.00 Dollars for property damage, if reasonably available. The
Board of Directors shall determine the limits of coverage from time to time, observing
the above stated minimums, if reasonably available. The Board of Directors shall at least
annually review the limits of coverage to determine that same are reasonable and
adequate in the light of conditions then prevailing.
(i) All policies and bonds shall be written by an insurer or surety authorized
to do business in Florida holding a rating of "A" or better and a financial
rating of "X" or greater as established by A.M. Best Company, Inc., if
reasonably available, otherwise the most nearly equivalent ratings.
(iv) If reasonably available the insurance policies shall provide for the following:
(3) waiver of the insurance carrier's right to require repair and reconstruction
instead of cash payment in the event of damage or destruction;
(4) provision that the policy or bond may not be cancelled, invalidated or
suspended or subject to non-renewal because of the acts of one or more of the
Members;
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(5) requirement for not less than thirty (30) days prior written notice to
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC. and
any mortgagee named in the policy or bond of any cancellation, modification or
non-renewal; and
(6) provision that any, "other insurance clause" shall exclude individual
Members' policies from consideration.
Nothing in this Article shall prevent Unit Owners from obtaining such insurance on
betterments and improvements to their Units, or made by them to their Units or on their personal
property, as they may determine.
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LAKES HOMEOWNERS ASSOCIATION, INC.. in a clean and attractive condition
consistent with the then prevailing aesthetic standards of REVELATIONS AT BIRD
LAKES (d) Application of Proceeds. If the damaged or destroyed property for which
insurance proceeds are paid to REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC., is to be repaired, reconstructed, restored or replaced, the proceeds
shall be received and held in trust by REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC., for such purpose and shall be paid in progress
payments as the work progresses in the manner typical of disbursement of construction
loan funds by institutional lenders in Miami-Dade County, Florida. The Board of
Directors shall let the contract or contracts for the required work and may require such
contracts or sub-contracts to be bonded for payment and performance. After completion
of repairs if any funds remain in the construction trust fund such funds shall be placed in
a capital improvements account of REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC., as a reserve for replacement of capital improvements or for the
acquisition or construction of additional capital improvements. If proceeds of insurance
shall be insufficient to cover the costs of such repair, reconstruction, restoration or
replacement, the Board of Directors may levy a special assessment against all Units as
provided in Article IX and the proceeds of such assessments shall be placed in and
become part of the trust fund for repair, reconstruction, restoration or replacement.
ARTICLE XIII
ENCROACHMENTS
If any portion of any Unit encroaches upon any other Lot or Unit or upon the Common
Area as a result of the construction, reconstruction, repair, shifting, settlement or movement of
any portion of the Unit, an easement for the encroachment and for the maintenance of same shall
exist so long as the encroachment exists. Similarly, if any portion of the Common Area shall
encroach upon any Lot or Unit as a result of similar causes, an easement for such encroachment
shall exist so long as the encroachment exists. Except for eaves designed and intended to
overhang and penetrate the vertical plane of a Lot line, as shall be usual and customary in
REVELATIONS AT BIRD LAKES nothing herein shall be taken to authorize or approve any
deliberate encroachment.
ARTICLE XIV
PROHIBITION OF PARTITION OF COMMON AREA
14.1 No Partition:
Unless the real property constituting REVELATIONS AT BIRD LAKES shall have
previously been removed from the provisions of this Declaration, there shall be no judicial
partition of the Common Area or any part of it, and no party whose interest is subject to this
Declaration shall seek such partition.
ARTICLE XV
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CONDEMNATION
15.1 Condemnation:
If the Common Area or any part of it shall be taken by any authority having and
exercising the power of eminent domain the award made for such taking shall be received by
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC., as trustee for all
Members. The amount paid to REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC., for such taking shall be disbursed as follows:
(a) if the taking includes improvements, the matter shall be treated as provided in
Section 13.3 in the case of damage or destruction to the Common Area; or
(b) if the taking does not include any improvements the proceeds received for such
taking shall be held and used for such purposes as the Board of Directors of
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC., shall
determine.
ARTICLE XVI
RIGHTS AND OBLIGATIONS OF REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC.
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include reasonable monetary fines in accordance with F.S. §720.305 and section 10.19 of this
Declaration, suspension of voting rights, and suspension of right of use of any recreational
facility on the Common Area may be imposed by the Board of Directors against Members
violating the rules and regulations or this Declaration. Any contractor, sub-contractor, agent or
other invitee who fails to comply with the provisions of the rules and regulations, may be
excluded from REVELATIONS AT BIRD LAKES by the Board of Directors. The Board of
Directors may seek relief for violations of the rules and regulations by appropriate judicial action
and may bring actions to abate nuisances. The authority of REVELATIONS AT BIRD LAKES
HOMEOWNERS ASSOCIATION, INC., shall be broadly interpreted to permit it to maintain an
excellent quality of life for the residents of REVELATIONS AT BIRD LAKES and to preserve
property values in the community.
ARTICLE XVII
MORTGAGEE PROVISIONS
(a) any condemnation or casualty loss affecting a material portion of the Common
Area or which affects any Unit on which the requesting mortgagee holds a mortgage;
(b) any delinquency in the payment of assessments against a Unit subject to any
mortgage held by such requesting mortgagee where the delinquency continues for a
period of sixty (60) days and of any other default in performance by a Unit Owner of any
obligation under this Declaration, the By-Laws of REVELATIONS AT BIRD LAKES or
its rules and regulations for which default such Owner has been given written notice and
which default has not been cured within sixty (60) days of the notice to the Owner; or
(c) any lapse, cancellation or material modification of any insurance policy
maintained by REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION,
INC. Nothing contained in this Section shall constitute a condition precedent to the
enforcement by REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION,
INC., of any obligation owing from any Owner or the institution of any action which the
Association, would be otherwise entitled to institute.
First mortgagees may, jointly or singly, pay taxes or other charges which are in default
and which may or have become a charge against the Common Area and may pay overdue
premiums on casualty insurance policies or secure new casualty insurance coverage upon the
lapse of a REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC., policy,
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and first mortgagees making such payments shall be entitled to immediate reimbursement from
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC.
No provision of this Declaration or the By-Laws gives or shall be construed to give any
Owner priority over the holder of a mortgage on any Unit in the distribution of insurance
proceeds or condemnation awards for losses to or taking of the Common Area as between
Owners and their mortgagees. Priority as to any such proceeds or awards to be distributed
pursuant to this Declaration shall be determined by the terms: of the relevant mortgages.
ARTICLE XVIII
TRANSFER OF UNIT
Not later than thirty (30) days prior to the transfer of title to a Unit by any Owner, the
Owner shall give written notice to REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC., of the Owner's intention to transfer his or her Unit which notice shall
include the name, business and residence addresses and telephone numbers of the intended
transferee, the date on which the transfer of title is to occur and such other information as the
Board of Directors may reasonably require. The Board of Directors may adopt rules and
regulations, including the payment of fee, not to exceed One Hundred ($100.00) for screening
prospective Owners and requiring the transferee of any Unit to furnish to the Board of Directors
a copy of the conveyance as recorded and such other information as the Board of Directors may
reasonably stipulate.
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furnished, the transferor shall be jointly and severally liable with the transferee for all obligations
of the transferee as a Member including, without limitation, payment of all assessments.
ARTICLE XIX
AMENDMENT OF DECLARATION
This Declaration may be amended only by the affirmative vote or written consent, or any
combination thereof, of Members representing not less than two-thirds (2/3) of the total votes in
REVELATIONS AT BIRD LAKES. Such vote shall be taken at a meeting of the Members duly
called for that purpose. At any such meeting written consents of Members endorsed upon or
attached to copies of the proposed amendment shall be regarded as affirmative votes irrespective
of the attendance or non-attendance of the consenting Members. No amendment may be adopted
adversely affecting the rights of any mortgagee then holding a mortgage on any Unit without the
prior written consent of that mortgagee.
Upon the adoption of any amendment to this Declaration by vote or consent of, the
Members, Articles of Amendment shall be prepared and executed by the president and secretary
of REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC., in such form as
shall entitle the Articles of Amendment to recording in the Public Records of Miami-Dade
County, Florida. The articles of amendment shall refer to this Declaration by its book and page of
recording in said Public Records and to the recorded Plat of BIRD LAKES TOWNHOMES
SECTION THREE and the legal description of any other property then annexed. The amendment
shall become effective upon the recording of the articles of amendment in said Public Records.
ARTICLE XX
MISCELLANEOUS PROVISIONS
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employee or agent, and shall inure to the benefit of his or her heirs, executors and administrators.
Adjudication of liability shall not affect the right to indemnification of those indemnified.
20.2 Severability:
Invalidation of any one of the covenants or restrictions contained in this Declaration shall
not affect the other provisions of this Declaration, which shall remain in full force and effect.
20.3 Security:
20.5 Notice:
In any case in which written notice is required or permitted to be given to any Member or
Owner under this Declaration, such notice shall be deemed sufficiently given if mailed by regular
United States mail addressed to the Member or Owner for whom intended at the last address for
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that party appearing in the records of REVELATIONS AT BIRD LAKES or if personally
delivered to the residence of such party. Notice mailed shall be effective on the third day not a
Saturday, Sunday or legal holiday next following the date of mailing and notice personally
delivered shall be effective as of the date of delivery. Proof of mailing or delivery where notice is
given by or on behalf of REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION,
INC., or any committee of REVELATIONS AT BIRD LAKES HOMEOWNERS
ASSOCIATION, INC., may be by written certification of an officer, agent or employee of
REVELATIONS AT BIRD LAKES HOMEOWNERS ASSOCIATION, INC., or by a member of
the appropriate committee.
ARTICLE XXIII
COVENANTS RUNNING WITH THE LAND: TERM: RULE AGAINST PERPETUITIES
The easements, restrictions, covenants, conditions, charges and liens provided in this
instrument are covenants running with the land, binding upon and inuring to the benefit of all
parties having or acquiring any right, title, lien or interest in REVELATIONS AT BIRD LAKES
and their heirs, successors and assigns.
23.2 Term:
The term of this Declaration shall be thirty (30) years from the date of the recording of
this Declaration in the Public Records of Miami-Dade County, Florida, after which time this
Declaration and all of its terms and provisions shall be automatically extended for successive
periods of ten (10) years provided that at any time after the initial term of thirty (30) years this
Declaration may be changed or terminated by the recording in the Public Records of Miami-
Dade County, Florida, of an instrument in writing signed and acknowledged by the then Owners
of a majority of the Lots then subject to this Declaration. After thirty (30) years from the date of
the recording of this Declaration it shall be subject to amendment in the manner provided in this
section or as provided in Article XIX.
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IN WITNESS WHEREOF, the undersigned, has hereunto set its hand and seal this ____ of
____________, 2009.
_______________________________ BY:_____________________________
Print Name: _____________________ Name: __________________________
Title:____________________________
Date: ___________________________
_______________________________
Print Name: _____________________
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EXHIBIT “1”
Commencing at the Southwest corner Section 22, Township 54 South, Range 39 East,
Dade County, Florida; thence North 87 degrees 40 minutes 45 seconds East a distance of
1,318.71 feet along the South line of said Section 22, thence North 2 degrees 19 minutes 15
seconds West a distance of 930.00 feet to the POINT OF BEGINNING; thence South 87 degrees
40 minutes 45 seconds West a distance of 393.00 feet to the point of curvature of a circular curve
concave to the North and having a radius of 100.00 feet and a central angle of 33 degrees 57
minutes 54 seconds; thence Westerly and Northwesterly a distance of 59.28 feet along said curve
to the point of tangency; thence North 58 degreed 21 minutes 22 seconds West a distance of
228.51 feet; thence North 2 degrees 15 minutes 11 seconds West a distance of 1,205.99 feet;
thence North 39 degrees 47 minutes 51 seconds West a distance of 457.97 feet to the point of
intersection of a non-tangent circular curve concave to the Northwest having a radius of 800.00
feet and to which a point a radial line bears North 7 degrees 49 minutes 49 seconds West; thence
Easterly and Northeasterly along said circular curve for an arc distance of 446.31 feet having a
central angle of 31 degrees 57 minutes 52 seconds; thence South 39 degrees 47 minutes 51
seconds East along a radial line to the last described curve for a distance of 491.97 feet to the
point of curvature of a circular curve concave to the West and having a radius of 1,000.00 feet
and a central angle of 37 degrees 28 minutes 25 seconds; thence Southeasterly and southerly a
distance of 654.04 feet along said curve to the point of tangency, thence South 2 degrees 19
minutes 15 seconds East a distance of 876.74 feet to the point of Beginning. Containing 24.91
acres.
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