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Association Documents > Declaration of Covenants


17 Oct 1985

SECOND AMENDMENT AND RESTATEMENT –


DECLARATION OF COVENANTS,


CONDITIONS, RESTRICTIONS AND EASEMENTS


 


 


   THIS SECOND AMENDMENT AND RESTATEMENT – DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS (“Declaration”), made on the date hereinafter set forth by Pulte Home Corporation, a Michigan corporation, VSM Development, Inc. a Florida corporation and BSHS Corporation, a Florida corporation, hereinafter collectively referred to as “Declarant”.


 


WITNESSETH:


 


   WHEREAS, Declarant is the owner of certain property in the City of Miramar, County of Broward, State of Florida, which is more particularly described as all of Turtle Bay Section I, according to the plat thereof recorded among the Florida Public Records of Broward County, Florida in Plat Book 1210, Page 37; and


 


   WHEREAS, Declarant wishes to revoke and cancel the Prior Covenants (as defined below) and to incorporate and restate herein only certain provisions of the Prior Covenants:


 


   NOW THEREFORE, Declarant hereby declares that all of the Property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purposes of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.


 


ARTICLE I


DEFINITIONS


 


Section 1. “Association” shall mean and refer to Franklin Farms Homeowners Association, Inc. a Florida not-for-profit corporation, its successors and assigns.


 


Section 2. “Declarant” shall mean and refer to Pulte Home Corporation, VSM Development, Inc. And BSHS Corporation, who execute this Declaration, their heirs, successors and assigns if such heirs, successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.


 


Section 3.  “Declaration” shall mean this instrument, as it may be amended from time to time, together with any supplemental declarations.


 


Section 4. “Dwelling Unit” or “Unit” shall mean and refer to a constructed single family residence which is designated and intended for the use and occupancy as a family residence.


 


Section 5. “Improvements” shall mean the signage, walls, fences, trees, shrubs, sprinkler system, pump, well, lights and green belt described in Exhibit “A” attached hereto which may be constructed upon several of the Lots as indicated in Exhibit “A-1”.


 


Section 6. “Lot” shall mean and refer to any plot of land shown upon the recorded subdivision plat of the Property.


 


Section 7. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.


 


Section 8, “Property” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought with the jurisdiction of the Association.


 


ARTICLE II


IMPROVEMENT RIGHTS


 


Section 1. Owner’s Rights of Enjoyment. The Improvements, if constructed, although to be located upon a portion of several of the Lots within the Property, are being constructed for the benefit of the Property and each Owner. Accordingly, the Association shall have the right to:


 


(a)    suspend the voting rights of any Owner for any period during which any Assessment (hereinafter defined) against his Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;


(b)   dedicate or transfer all or any part of the Improvements to any public agency, authority, or utility, but no such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds of each class of members of the Association has been recorded among the Public Records of Broward County, Florida:


(c)    maintain, repair and replace the Improvements;


(d)   utilize the easement granted in Section 2 below for the purposes therein described by the Owners of the applicable Lots to maintain, repair and replace the Improvements: and


(e)    elect, by the consent of two-thirds (2/3) of each class of members of the Association, at a regular or special meeting of the membership, of the Association, not to maintain, repair or replace the Improvements in which event, the Owners of the Lots on which the Improvements are located shall be responsible for the maintenance, repair and replacement of the same, subject to the provisions of Article V below, and no Assessments shall be levied by the Association for such repair, replacement and maintenance after it elects not to maintain, repair and replace the Improvements.


Section 2. Each entity and person constituting the Declarant and which owns any of the Lots described in Exhibit A attached hereto hereby declares, grants, and creates in favor of the Association and each other entity or person constituting the Declarant, their successors and assigns, an easement ten (10) feet in width over, across and under each of the Lots described in Exhibit A attached hereto for the purposes of:


 


(a)    constructing the Improvements as depicted in Exhibit A-1 attached hereto: and


(b)   maintaining, repairing and replacing the same in accordance with this Declaration.


(c)    All authorized representatives, employees and agents of Declarant and the Association shall have the right, at all reasonable times, to enter upon the easement area above for the purposes herein provided.


(d)   Each owner of a Lot described in Exhibit A attached hereto, upon acquisition            of title thereto, whether or not so stated in the instrument of conveyance, shall        be deemed to agree to and confirm the granting and existence of the easement          described herein.


 


ARTICLE III


MEMBERSHIP VOTING RIGHTS


 


Section 1. Every Owner of a Lot which is subject to Assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to Assessment.


 


Section 2. The Association shall have two classes of voting membership:


(a)    Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.


(b)   Class B. The Class B member(s) shall be the Declarant, and each entity or person designated herein as the Declarant shall be entitled to three (3) votes for each Lot owned. Each Class B member shall cease and be converted to Class A membership on the happening of either of the following events; whichever occurs earlier:


(1)   When the total votes outstanding in the Class A membership equal the total votes in the Class B membership, or


(2)   On December 31, 1989.


(3)   Upon the conveyance by any Owner designated herein as the Declarant of any Lot owned by such Owner to another Owner designated herein as the Declarant, such conveyance shall include, whether or not so stated in the instrument of conveyance, such Owner’s Class B membership rights.



 


ARTICLE IV


COVENANT FOR MAINTENANCE ASSESSMENTS


 


Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association:


 


(a)    annual Assessments or charges; and


(b)   special Assessments for capital improvements, such assessments to be established and collected as hereinafter provided.


The annual and special assessments (“Assessments”), together with interest, costs and reasonable attorney’s fees shall be a charge on the land and shall be a continuing lien upon each Lot within the Property against which each such Assessments is made. Each such Assessment, together with interest, costs and reasonable attorney’s fees shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to an Owner’s successors in title expressly assumed by them.


 


Section 2. Purpose of Assessments. The Assessments shall be used exclusively for the maintenance, repair and replacement of the Improvements, the purchase of insurance applicable to the Improvements and the payment of administrative costs incurred with respect to the operation of the Association.


 


Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance by Declarant of the first Lot to an Owner who is not an entity or person designated herein as Declarant, the Maximum annual assessment shall be One Hundred ($100.00) per Lot.


(a)    From and after January 1 of the year immediately following the conveyance by Declarant of the first Lot to an Owner who is not an entity or person designated herein as Declarant, the maximum annual Assessment may be increased each year not more that 10% above the maximum Assessment for the previous year without a vote of the member ship.


(b)   From and after January 1 of the year immediately following the conveyance by Declarant of the first Lot to an Owner who is not an entity or person designated herein as Declarant, the maximum annual Assessment may be increased above 10% by a vote of two-thirds (2/3) of each class of members of the Association who are voting in person or by proxy, at a meeting duly call for this purpose.


(c)    The Board of Directors of the Association (“Board”) may fix the annual Assessment at an amount not in excess of the maximum.


 


Section 4. Special Assessments for Capital Improvements. In addition to the annual Assessments 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 the Improvements, including fixtures and personal property related thereto, provided that any such Assessment shall have the assent of two-thirds (2/3) of the votes of each class of member of the Association who are voting in person or by proxy at a meeting duly called for this purpose.


 


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 all members not less than 30 days not more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all of the votes of each class of membership shall constitute a quorum. If this required quorum is not present, another meeting may be called, subject to the same notice requirement, and the required quorum at the preceding meeting shall be one half (1/2) of the required quorum  at the preceding meeting. No such subsequent meeting shall be held more that 60 days following the preceding meeting.


 


Section 6. Uniform Rate of Assessment. Both the annual and special Assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly or annual basis as determined by the Board.


 


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 any Lot by Declarant to a person no designated herein as Declarant, provided, however , that for so long as Declarant owns more that ten (10) Lots, it shall have the option of paying (a) the Assessment for each Lot owned by it or (b) the amount by which the Association’s annual budget exceeds aggregate Assessment payments received from Lot Owners other than Declarant. The first annual Assessment shall be adjusted according to the number of months remaining in the calendar year. The Board shall fix the amount of the annual Assessment period. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessment on a specified Lot have been paid. A property executed certificate of the Association as to the status of Assessments on a Lot is binding upon the Association as of the date of its issuance.


 


Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any Assessment not paid within thirty (30) days after the due date shall bear interest for the due date at the rate of 10 percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot of the applicable Owner.


No owner may waive or otherwise escape liability for the Assessments provided for herein by abandonment of his Lot.


 


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. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessment thereafter becoming due or from the lien thereof.


 


ARTICLE V


ARCHITECTURAL CONTROL


 


No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, colors and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specification have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. The Board may, from time to time, publish rules and regulations governing structural modifications, acceptable color schemes, fence materials, storage areas and receptacles, screening specifications and other matters relating to architectural control, which regulations shall be binding on all Owners other than the Declarant.


 


ARTICLE VI
RULES AND REGULATIONS


 


All of the Property shall be held, used, and enjoyed subject to the following limitations, restrictions and any and all further rules and regulations which may, from time to time, be adopted.


 


Section 1. Use Restrictions. Dwelling Units shall be used and occupied solely as single family residences by the Owners thereof, their families or approved tenants. No commercial activity, trade or business shall be conducted or maintained upon any Lot. No building shall be erected, altered, placed or permitted to remain on any Lot other than a single family dwelling not to exceed two stories in height. No garages shall be converted into public uses, except as to the activities of the Declarant or its successors or assigns during its construction and/or sales program.


 


Section 2. Nuisances. No noxious or offensive activity shall be carried on in or about any buildings or other improvements, Dwelling Units, or on any portion of the Property, nor shall anything be done which may be or become unreasonably annoyances or a nuisance to any Owner. No use or practice shall be allowed in or around the Property or which is a source of annoyance to Owners or occupants of the Dwelling Units or which interferes with the peaceful possession or proper use of the Dwelling Units. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, bells, whistles, or other sound devices other than security devices used exclusively for security purposes, large power equipment, noisy or smoky vehicles, exterior television or microwave antennas, or other items which may unreasonably interfere with television or radio reception of any Owner shall be located, used or placed on any portion of the Property.


 


The following section on Satellite dish antennas was added by Amendment on September 29, 1987.


Satellite dish antennas for home television reception may be installed on any Lot, provided that the Lot Owner, prior to installation, receives the written approval of the architectural control committee of the Board as to the size, color, and location on the Lot of the antenna proposed to be installed and further provided that the Lot Owner screens the antenna with such landscaping, shrubbery, trees or fencing as the architectural committee may reasonably require, pursuant to the general standards for such installations to be established by the architectural committee and to be published for the information and guidance of the Owners. Such standards may be revised or modified from time to time in order to maintain the esthetic standards of the Franklin Farms development.


 


Section 3. Signs. No signs, display, poster, or other advertising device of any kind may be displayed in public view of any portion of any Dwelling Unit or other improvement in the Property with prior written consent of the Declarant. Signs, regardless of size, used by Declarant, its successors or assigns, for advertising during construction and sale period and other reasonable signs authorized by Declarant shall be exempt from this section. No reflective foil or similar material shall be permitted on any windows in any structure upon any Lot.


 


Section 4. Commercial Trucks, Trailers, Campers and Boats. No aircraft, commercial trucks or other such commercial vehicles, mobile homes, motor homes (unless registered as “recreational vehicle”), or trailers of any other description shall be permitted to be parked or to be stored in any place on any Lot in the Property unless parked or stored within garages, whereby such vehicles cannot be seen from any street. Boats on trailers and vehicles registered as “recreational vehicles” or “camper trailers” (but not as “mobile homes”) may be parked or stored on any Lot so long as any such boat or vehicle is screened from view by an appropriate fence, constructed in accordance with Article V above, so that is cannot be seen from any street abutting the Lot on which it is parked. This prohibition against parking and storing shall not apply to temporary parking of trucks and commercial vehicles or to vehicles parked on a construction site. No vehicle with a valid license plate shall be permitted upon the Property. Vehicles which are missing one or more wheels, or which are not in an operating condition shall not remain upon any portion of the Property for more that two (2) consecutive days. No Owner shall conduct repairs (except in an emergency) or restorations of any motor vehicle, boat, trailer, or other vehicle upon any portion of the Property, including on the Owner’s Lot. No trailer, mobile home, tent, shack, or other structure of a temporary character shall be used on any Lot at any time as a residence either temporary or permanent, regardless of how such structure may be placed upon or affixed to the land, except for the Declarant during construction and sales. No metal or wood sheds or other outbuildings shall be placed on any Lot without the prior written approval of the Board or the architectural committee.


 


Section 5. Animals. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except dogs, cats or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposes. Each Owner shall remove any waster matter eliminated by his pet anywhere on the Property and shall keep his pet on a leash while said pet shall be on any portion of the Property other that the Lot of said Owner.


 


Section 6. Refuse Restriction. No rubbish, trash, garbage, refuse, or other waste material shall be kept or permitted on the Lots or other portions of the Property, except in sanitary, self-locking containers located in appropriate areas, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, offensive or detrimental to Owners or to any other Property in the vicinity thereof or to its occupants. No clothing or household items shall be hung, dried, or aired on any Lot in such a way as to be visible from any portion of the Property outside the Lot and no lumber, grass, tree clippings, metals, scrap, refuse, or trash shall be stored or allowed to accumulate on any portion of the Property except within an enclosed structure appropriately screened from view except when accumulated during construction by Declarant or except when accumulated for immediate pickup and disposal.


 


Section 7. Improper Uses. No improper, offensive, unlawful, or hazardous use shall be made of any Dwelling Unit and all valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction thereover shall be observed. Violation of same shall be immediately corrected by, and at the sole expense of the party obligated to maintain or repair such portion of the Dwelling Unit as elsewhere herein set forth.


 


Section 8. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, boring or mining operations of any kind shall be permitted upon or on any Lot nor shall oil wells, tanks, tunnels, mineral excavations, or shafts, be permitted upon or in any Lot. No derrick or other structure designed for use in boring in oil or natural gas shall be erected, maintained, or permitted on any Lot.


 


Section 9. Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot or elsewhere on the Property, provided that a central sewage disposal system is being operated in accordance with the requirements of the governmental regulatory body having jurisdiction over said central system.


 


Section 10. Sight Distance at Intersections. No structure, hedge, shrub, or plant which obstructs sight lines at elevations between and six feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed on two sides by the edges of the pavement of the intersection streets abutting such Lot and on the third side by an imaginary line connecting the edges of the pavement at points twenty-five feet from the intersection of the edges of the pavement. The same sight line limitations shall apply on each Lot as to that portion of the Lot within ten feet of the intersection of the edge of the street pavement and the side line of the driveway pavement.


 


The following section on Conveyances was added by Amendment on August 17, 2002.

The following section was withdrawn by Corrective Certificate on October 26th, 2004.

 


Section 13. Conveyances. In order to secure a community of congenial residents and thus protect the value of the Lots, the sale or leasing of Lots by any owner shall be subject to the following provisions:


 


A.     Approval Process. No Lot Owner may dispose of a Lot or any interest therein by sale, lease or gift without  the approval of the Association. If the grantee or lessee is a corporation the approval may be conditioned upon the approval of those individuals who will be occupants of the Lot. The approval of the Association shall be obtained as follows:


 


1.      Notice to Association. A Lot Owner intending to make a bona fide sale, bona fide gift or bona fide lease of their Lot or any interest therein shall give notice to the Association of such intention, together with the name and address of the proposed purchaser or lessee, together with such other information as the Association may require, which may include a personal interview with the prospective purchaser or lessee, at the discretion of the Board. In addition, the Board may require the payment of a transfer fee in an amount not to exceed the highest allowed under the law, as it may be amended from time to time. If the Board requires a transfer fee, no application shall be considered complete with the payment of the fee.


2.      Election of Association. Within thirty (30) days after receipt of such notice and all such supplemental information as is required by the Board of Directors, the Association must approve the transaction or furnish a purchaser approved by the Association who will accept terms as favorable to the seller as the terms stated in the notice. Such purchaser furnished by the Association may have not less than thirty (30) days subsequent to the date of approval within which to close the transaction. The approval of the Association shall be in recordable form and delivered to the purchaser. In the event that the Association does not furnish a purchaser approved by the Association who will accept terms as favorable to the seller as the terms stated in the notice within thirty (30) days after receipt of such notice, then, and in the event the sell shall be free to sell their Lot to the proposed purchaser, and the Association shall provide the purchaser of said sale with an approval in recordable form. If the Board disapproves a proposed lease, the lease shall not be made.


 


 


B.      Additional Lease Restrictions. Notwithstanding the above, no portion of a Lot (other than the entire Lot) may be rented. All leases shall be in writing, be approved by the Board in advance and in writing, and shall provide that the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provision of the Declaration, the Articles of Incorporation, By-Laws and Rules and Regulations of the Association. The Association shall have the right to require of all tenants that they deposit in escrow with the Association a sum not in excess of one month’s rent which may be used by the Association to repair any damage to the Common Areas or other property owner by the Association resulting from acts or omissions of tenants (as determined in the sole discretion of the Board). Such funds shall be held in a non-interest bearing account. Regardless of whether or not expressed in the applicable lease, all Lot Owners shall be jointly and severally liable with their tenants to the Association for any amount which is required by the Association to effect such repairs or to pay any claim for injury or damage to property caused by the negligence of the tenant or for the acts and omissions of their tenant(s), which constitute a violation of, or non-compliance with, the provisions of this Declaration and of any and all rules and regulations of the Association,. This Section shall also apply to subleases and assignments and renewals of leases.


 


 


ARTICLE VIII
MAINTENANCE AND REPAIR OBLIGATIONS


 


Each Owner shall be responsible for keeping his Dwelling Unit, Lot, and all improvements thereon in a clean, safe, neat and orderly condition and in good repair.


 


If a Dwelling Unit is damaged by fire or other casualty, its Owner shall properly restore it to at least as good a condition as it was before the casualty occurred. Any such work shall be in accordance with the original plans and specifications of the Dwelling Unit unless otherwise authorized by the Declarant.


 


Each Owner shall keep his Dwelling Unit insured in an amount not less than its full insurable value against loss or damage by fire of other hazards.


 


If any Owner fails to comply with the foregoing provisions, the Declarant or the Association may remedy such noncompliance at the sole cost and expense of the defaulting Owner, but neither Declarant nor the Association shall have any obligation to remedy any such noncompliance. If any expense of Declarant or the Association is not paid within twenty (20) days of billing, such amount shall be a lien on the Owner’s Lot, together with interest at the highest rate permitted by law, and attorney’s fees and costs. Declarant or the Association may file a claim of lien among the Public Records of Broward County, Florida to evidence the lien, and may foreclose the lien in the manner in which mortgages are foreclosed in Florida.


 


ARTICLE IX


GENERAL PROVISIONS


 


Section 1. Covenants running with the Land. All provisions of this Declaration shall, to the extent applicable and unless otherwise expressly provided herein to the contrary, be construed to be covenants running with the Property and with every part thereof and interest therein, and all of the provisions heroes shall be binding upon and inure to the benefit of the Declarant and subsequent owners of the Dwelling Units, Lots, and Property or any part thereof, or interest therein, and their respective heirs, successors. and assigns, that the same are not intended to create nor shall it be construed as crating rights in or for the benefit of the general public, unless specifically provided herein to the contrary. All present and future Owners, tenants, and occupants of the Dwelling Units shall be subject to and comply with the provision of this Declaration and applicable runes and regulations as they may exist from time to time. The acceptance of a deed of conveyance to a Lot or Dwelling Unit shall constitute an adoption and ratification by such Owner, tenant or occupant f the provisions of this Declaration and applicable rules and regulations as they may be amended from time to time. In the Event that any easements granted herein shall fail for wan of the grantee and being for any other purpose, the same shall constitute and be covenants running with the property.


 


Section 2. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provision of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.


 


Section 3. Severability. Invalidation of any one of there covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.


 


Section 4. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20 Years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by either (a) the Declarant for so long as it holds title to any Lot affected by this Declaration or (b) not less than ninety percent (90%) of the Lot Owners and, thereafter, by an instrument signed by not less than severity-five percent (75%) of the Lot Owners. Any amendment must be recorded among the Public Records of Broward County, Florida, to be effective. Each Owner of a Lot, upon Acquisition of title thereto, shall be deemed to approve any amendment to this Declaration which, after such acquisition, may be required by the Federal Housing Administration or Veteran’s Administration, and shall execute any instruments required to effectuate such amendment.


 


Section 5. Annexation. Additional residential [property and/or common areas for the benefit of all Owners may be annexed to the Property with the consent of two-thirds (2/3) of each class of members of the Association.


 


Section 6. FHA/VA Approval. As long a there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veteran’s Administration: Annexation of additional properties, dedications of common area (if any), and amendment of this Declaration of Covenants, Conditions and Restrictions.


 


Section 7. Damage to Improvements. Each Owner will be liable for and shall pay to the Association, the amount necessary to repair or replace any portion of the Improvements damaged by such Owner, his guests, invitees or members of his family. Such liability shall be determined in accordance with the law of the State of Florida.


 


Section 8. Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development of a residential community. The Article and section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Unless the context requires a contrary construction, the singular shall include the plural and

Revised 9/17/2019 DG