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THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRATHMORE
In the event you sell or lease your home, please advise the new occupant of these restrictions. Declaration of Covenants, Conditions and Restrictions for Strathmore
THIS DECLARATION, Made as of December 27, 1979 by LEVITT HOMES INCORPORATED, a Delaware corporation, hereinafter referred to as "Declarant". WITNESS: WHEREAS, Declarant is the Owner of certain Property in the County of Palm Beach, State of Florida, which is more particularly described in Exhibit "A" attached hereto; and WHEREAS, Declarant desired to create upon Property a planned community with permanent landscaping, berms, walls, signage and other community facilities for the benefit of said community; and WHEREAS, Declarant desired to provide for the preservation and enhancement of the Property values, amenities and opportunities in said community and for the maintenance of the Properties and improvements thereon, and to this end desires to subject the real Property described in Exhibit "A", together with such additions as may hereafter be made thereto, to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said Property and each Owner thereof; and WHEREAS, Declarant has deemed it advisable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of owning, maintaining and administering the community Properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created, and promoting the recreation and welfare of the residents; and WHEREAS, Declarant has incorporated under the laws of the State of Florida the STRATHMORE COMMUNITY ASSOCIATION, INC., as a non-profit corporation for the purpose of exercising the functions aforesaid; NOW, THEREFORE, the Declarant declares that the real Property described in Exhibit "A", and such additions thereto as may hereafter be made, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes hereinafter referred to as "covenants and restrictions") hereinafter set forth, which are for the purpose 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 described Properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
- 1 - ARTICLE I DEFINITIONS SECTION 1. "ASSOCIATION" shall mean and refer to the STRATHMORE COMMUNITY ASSOCIATION, INC., its successors and assigns. SECTION 2. "BOARD OF DIRECTORS" and "THE BOARD" shall refer to The Board of Directors of the Association. SECTION 3. "COMMON AREA" shall mean all real Property, except roads, (including the improvements thereon) owned by the Association for the common use and enjoyment of the owners. SECTION 4. "DECLARANT" shall mean and refer to LEVITT HOMES INCORPORATED, a Delaware corporation, its successors and assigns. SECTION 5. "DECLARATION" shall mean the covenants, conditions and restrictions and all other provisions herein set forth in this entire document as it may from time to time be amended. SECTION 6. "EXISTING PROPERTY" shall mean and refer to that certain real Property located in Palm Beach County, Florida and more particularly described in Exhibit "A". "PROPERTIES" shall mean and refer to the Existing Property and such additions thereto as may hereafter be brought within the jurisdiction of the Association. SECTION 7. "LIVING UNIT" shall mean and refer to any portion of a structure situated upon the Properties designed and intended for use and occupancy as a residence by a single family. SECTION 8. "LOT" shall mean and refer to any plot of land shown upon any recorded subdivision plat of the Properties with the exception of roads and Common Area. SECTION 9. "OWNER" shall mean and refer to the record Owner, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 10. "SUPPLEMENTARY DECLARATION" shall mean any Declaration of covenants, conditions and restrictions which may be recorded by the Declarant, which extends the provisions hereof to such other Property as may be brought within the ambit of this Declaration. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION SECTION 1. EXISTING PROPERTY. The Existing Property shall hereafter be held, transferred, sold, conveyed, occupied and used subject to this Declaration. Added Properties may become subject to this Declaration in the following manner: ADDITIONS BY THE DECLARANT. The Declarant, its heirs and assigns, shall have the right to bring within the scheme of the Declaration any additional Properties provided that such additions are brought within the scheme of this Declaration on or before January 1, 1985. -2-
SECTION 2. ADDITIONS TO EXISTING PROPERTY. The additions authorized under this and the succeeding subsection shall be made by filing of record a Supplementary Declaration of covenants and Restrictions with respect to the additional Property which shall extend the scheme of the covenants and restrictions of this Declaration to such Property. (a) SUPPLEMENTARY DECLARATIONS. Such Supplementary Declarations may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added Properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the Existing Property. (b) OTHER ADDITIONS. Upon approval in writing (i) the Association pursuant to a vote of its members as provided in its Article of Incorporation, (ii) Declarant pursuant to Article IV Section 2 hereof, the Owner of any Property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restrictions, as described in subsection (a) hereof. (c) MERGERS. Upon a merger or consolidation of another association with the Association, its Property, rights and obligations may, as provided in its Articles of Incorporation, by operation of law be transferred to another surviving or consolidated association, or alternatively, the Properties, rights and obligations of another association may by operation of law be added to the Properties, right and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property together with the covenants and restrictions established upon any other Properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Existing Property, except as hereinafter provided. The covenants and restrictions established by this Declaration shall be supplemental to and in addition to any other previously recorded restrictions affecting the Properties.
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ARTICLE III PROPERTY RIGHTS SECTION 1. OBLIGATIONS OF THE ASSOCIATION. The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Areas and all improvements thereof (including furnishings and equipment related thereto), and shall keep the same in good, clean, attractive and sanitary condition, order and repair. The Association shall also be responsible for maintaining the landscape within the easements described in Exhibit "B" hereto and shall also maintain the landscaping, and other improvements located in such other easements running within the Property subject to these restrictions as The Board may from time to time determine. The Association may also undertake additional obligations upon adoption of a resolution by The Board of Directors which is approved by a vote of members of the Association having not less that two thirds (2/3) of the total membership vote of the Association. SECTION 2. OWNERS’ EASEMENTS OF ENJOYMENT. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to establish reasonable rules and to charge reasonable admission and other fees for the use of any recreational facility situate upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use the recreational facility, if any, by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations: (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer, signed by members of the Association having not less than two-thirds (2/3) of the membership vote, has been recorded; (d) the right of the Association to mortgage any or all of the facilities constructed on the Common Area for the purposes of improvements or repair to Association land or facilities pursuant to approval of two-thirds (2/3) of the members, voting at a regular meeting of the Association or at a meeting duly called for this purpose. SECTION 3. DELEGATION OF USE. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the Property.
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ARTICLE IV MEMBERSHIP AND VOTING RIGHTS
SECTION 1. MEMBERSHIP. Every fee Owner of a Lot which is subject to assessment shall be a mandatory member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. SECTION 2. VOTING RIGHTS. The Association shall have one class of voting membership, with each Owner and Declarant being 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, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Until such time as the Declarant conveys of record all of the Property subject to this Declaration, no action taken by the membership of the Association shall be effective until approved in writing by the Declarant. Moreover, until such time, Declarant shall appoint all members of The Board of Directors of the Association and shall approve the appointment of all Officers.
ARTICLE V COVENANT MAINTENANCE ASSESSMENTS SECTION 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. The Association, through its Board of Directors, shall have the power and authority to establish and collect, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the Property against which each such assessment 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 Property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. All liens created under this Declaration may be foreclosed in equity in the same manner as is provided for the foreclosure of mortgages upon real Property.
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SECTION 2. PURPOSE OF ASSESSMENTS. The assessments levied by the Association, shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement, management, and maintenance of the Common Area. SECTION 3. 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 capital improvement upon the Common Area, including fixtures and personal Property related thereto, provided that such assessment shall have the assent of two-thirds (2/3) of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose. SECTION 4. RATE OF ASSESSMENT. The annual and special assessments may be collected on a monthly, quarterly, or semi-annual basis, as The Board of Directors of the Association shall determine, and shall be fixed at a uniform rate for each Lot or determined by The Board of Directors; provided, however, that the amount assessed against each unsold Lot owned by the Declarant shall be established from time to time by the Board of Directors in any amount not less than 25% nor more than 100% of the rate established for Lots similarly situated not owned by Declarant; and provided further that the annual assessment established in any fiscal year shall not exceed the maximum annual assessment applicable to such year. MAXIMUM ASSESSMENT. The maximum annual assessment shall not exceed $240.00 in the Association’s first year in which a Lot is sold from the Declarant to an Owner other than Declarant. Thereafter the maximum annual assessment shall increase each year automatically to reflect the increase, if any, in the Consumer Price Index For All Items published by the Bureau of Labor Statistics of The United States Department of Labor or, if publication of such index is discontinued, the most nearly comparable successor index. The maximum permitted assessment for an assessment period if determined by multiplying the applicable assessment then in effect by the average Consumer Price Index for the recent six month period available and dividing the product by such index for the same period during the immediately preceding calendar year. No decrease in any assessment is required because of any decrease in Consumer Price Index. The maximum annual assessment may also be increased by more than the increase in the Consumer Price Index by assent of two-thirds (2/3) of the votes of the members of the Association present and voting in person or by proxy at a meeting duly convened for such purpose pursuant to the Articles of Incorporation and By-Laws of the Association.
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SECTION 5. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS AND DUE DATES. The annual assessments provided for herein shall commence as to all Lots on the day upon which the first Lot is conveyed by the Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. Prior to January 1 of each year The Board of Directors shall determine the amount of annual assessment against each Lot. In the event The Board elects not to reassess, the annual assessment for the prior year and shall continue for the ensuing year. Written notice of all annual and special assessments shall be sent to all Owners. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly 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 6. EFFECT OF NON-PAYMENT OF ASSESSMENTS AND REMEDIES OF THE ASSOCIATION. Any assessment not paid when due shall bear interest from the due date at the rate of 1 per cent (1%) per month on unpaid balances or at the maximum rate allowed by law, whichever is less. If any assessment payment is not paid within thirty (30) days from the due date, the Association may accelerate the entire annual assessment and may thereafter bring an action at law against the Owner personally obligated to pay the same and in any event shall file in the public records a Notice of Lien for Delinquent Assessments, and may foreclose the lien against the Property to which the assessment relates. Such liens shall run with the land and bind subsequent owners with or without actual notice, except for mortgages as provided in Section 7 of this Article. Interest, costs and reasonable attorney’s fees for such action or foreclosure shall be secured by such lien and may be recovered in such litigation by the Association. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. SECTION 7. SUBORDINATION OF THE LIEN TO MORTGAGE. 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 assessments thereafter becoming due or from the lien thereof. ARTICLE VI ARCHITECTURAL CONTROL SECTION 1. THE ARCHITECTURAL REVIEW BOARD. An Architectural Review Board (hereinafter referred to as the "ARB") consisting of three (3) or more persons shall be appointed by The Board of Directors of the Association.
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SECTION 2. PURPOSE. The ARB shall regulate the external design, appearance, use, location and maintenance of the Properties and of improvements thereon in such a manner so as to best preserve and enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography. Nothing herein shall give the ARB authority to regulate, control, or determine external design, appearance, use of location of parcels or land or Lots under development, to be developed, or dwellings under construction, or to be constructed or marketed or sold by the Declarant, his successors or assigns. SECTION 3. CONDITIONS. (a) No improvement, alteration, repairs, change of paint colors, excavations, changes in grade or other work which in any way alters the exterior of any Property or the improvements located thereon from its natural or improved state existing on the date such Property was first conveyed in fee by the Declarant to an Owner shall be made or done without the prior approval of the ARB, except as otherwise expressly provided in the Declaration. No building, fence, wall, residence, or other structure shall be commenced, erected, maintained, or improved, altered, made, or done, nor any color thereof shall be changed without the prior written approval of the ARB. (b) No temporary house, and no temporary or permanent storage building, shack, mobile home, tent, barn, or other out-building shall be erected or placed upon said Lots to be used for residential purposes. Said Lots shall be used for single family residence purposes only and shall not be further subdivided. No streets, roads, or driveways shall be opened through said Lots to serve adjoining Property except as might have been previously provided for by plat or survey duly recorded or as might hereinafter be specified except as approved in writing by the ARB as hereinafter described. (c) No clearing, grading, building, fence, wall or other structure shall be erected, placed, or altered on any Lot or parcel until the proposed building plans, specifications, exterior color and/or finish, plot plan showing the proposed locations of such buildings or structure, drives and parking areas, and construction schedule shall have been approved in writing by the ARB, its successors or assigns. Refusal or approval of plans, location or specifications may be based by the ARB upon any reason, including purely aesthetic conditions, which is the sole discretion of the ARB shall be deemed sufficient. No alterations in the exterior appearance of any building or structure shall be made without like approval of the ARB. One (1) copy of all plans and related data shall be furnished to the ARB for its records.
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(d) Whenever buildings erected on any Lot or parcel are constructed in whole or in part of concrete, concrete blocks, cinder blocks or other fabricated masonry block units, the entire surface of such blocks exposed above finish grade shall be veneered with brick, natural stone, stucco approved by the ARB or other material approved by the ARB. (e) No Lot or parcel of land shall be used as a dumping ground for rubbish, trash or garbage; nor shall any Lot or parcel be used for the keeping or breeding of livestock animals or poultry of any kind, except that a maximum of two (2) household pets may be kept provided they are not kept for breeding or maintained for any commercial purpose. No noxious or offensive activities shall be carried on upon any Lot nor shall anything be done thereon which may be or may become an annoyance to the neighborhood. Garage and trash containers shall be contained within an enclosure, except as may be actually required for collection purposes. The design and material of said enclosure shall be kept in keeping with the general appearance of the house and its design shall be approved by the ARB. (f) No hedge or shrub planting shall be permitted on any Lot, except as may be approved by the ARB. (g) No advertising signs, billboards or high and unsightly structures shall be erected on any Lot or displayed to the public on any Lot or parcel except after written permission of the ARB, its successors or assigns, is obtained. A sign may be used to advertise the Property for sale or rent, provided prior approval is obtained from the ARB. The ARB shall be authorized to withhold its approval or consent until it is furnished information as to the size, style and color of any proposed sign permitted hereunder. (h) Owners and occupants of units shall not as a matter of course, park owned or controlled vehicles on adjacent roads and streets or otherwise than in garage space or off-street parking. Boats, campers, recreational vehicles, trucks of any nature (including vans and pick-up trucks), trailers, and motorcycles shall be garaged and shall not be parked on the streets, common areas or elsewhere within the development. Such vehicles may be parked outside of garages on the Lots only with written permission of the ARB and only so long as (I) such vehicles have no commercial markings and (II) are not visible from outside of Lot. (i) The ARB shall determine the location, color, size, design, lettering and all other particulars of all mail and newspaper delivery boxes, and standards and brackets and name signs for such boxes as well as with respect to all signs including all street and traffic control signs within the Property in order that the area be strictly uniform in appearance with respect thereto.
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(j) If any improvements, alterations, excavations, or other changes are made which require the written approval of the ARB under the terms of this Section 3, and if written approval of such changes is not obtained from the ARB, the Owner of the Lot on which such unauthorized changes have been made shall, at the Owner’s expense and upon receipt of written direction of The Board of Directors, promptly restore the Lot and the improvements located thereon to their previous condition. Such restoration shall include, without limitation, the removal of any building, fence, wall, ledge, shrub planting, signs, bill boards, garbage containers, or other structure which requires the written approval of the ARB under the terms hereof. SECTION 4. ENFORCEMENT. (a) The provisions hereof shall be liberally construed to effectuate the purpose of creating a uniform plan for the development and operations of the herein described Properties. Enforcement of these covenants and restrictions shall be by the Association by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant of restriction, either to restrain or enjoin violation or to recover damages or both, and against any Lot to enforce any lien created hereby; and the failure or forebearance by the Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. (b) There shall be and there is hereby created and declared to be a conclusive presumption that any violation or breach of any of the within covenants or restrictions cannot be adequately remedied by action at law or exclusively by recovery of damages. (c) The grounds of each Lot (whether vacant or occupied) shall be maintained in a neat and attractive condition. Upon the failure of any Owner to maintain his Lot (whether vacant or occupied) in a neat and attractive condition, the ARB or its authorized agents or successors and assigns may, after ten (10) days notice to such Owner, enter upon such Lot and have the grass, woods, and other vegetation cut, debris removed, when, and as often as, the same is necessary in its judgement, and may have dead trees, shrubs and other plants removed therefrom. Such Owner shall be personally liable to the ARB for the cost of cutting, removing of debris, clearing and maintaining described above and the liability for amounts expended for such cutting, clearing and maintenance shall be a permanent charge and lien upon such Lot, enforceable by the ARB by an appropriate proceeding at law or in equity. All costs incurred by the ARB on behalf of such Owner shall be reasonable. Notice given as hereinabove provided shall be sufficient to give the ARB or its designated committee, or its successors and assigns, the right to enter upon such Lot and perform the work required. Entry for the purpose of performing the work required shall be only between the hours of 7:00 a.m. and 6:00 p.m. on any day except Sunday. Said permanent charge and lien shall be subordinate to the lien of any first mortgage and shall be foreclosable as provided herein.
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(d) Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect. These covenants shall likewise be considered separable with respect to their imposition by Declarant in deeds of conveyance as provided above, and Declarant shall be authorized to eliminate the applicability of one or more such covenants by enumerating them in any such deed of conveyance. (e) The failure of the ARB to insist on any one or more cases upon the strict performance of any of the terms, covenants, conditions, provisions or agreements herein contained shall not be construed as a waiver or a relinquishment in the future of the enforcement of any such terms, covenants, condition, provision or agreement. The acceptance of performance of anything required to be performed with knowledge of the breach of a term, covenant, condition, provision or agreement shall not be deemed a waiver of such breach, and no waiver by the ARB of any term, covenant, condition, provision or agreement shall be deemed to have been made unless expressed in writing and signed by the ARB. (f) Zoning regulations applicable to Property subject to this Declaration shall be observed. In the event of any conflict between any provision of such zoning restrictions and the restrictions of this Declaration, the more restrictive provisions shall apply.
SECTION 5. PROCEDURES. In the event the ARB fails to approve, modify or disapprove in writing an application within thirty (30) days after plans and specifications in writing have been submitted to it, in accordance with adopted procedures, approval will be deemed granted. The applicant may appeal an adverse ARB decision to The Board of Directors who may reverse or modify such decision by a two-thirds (2/3) vote of the Directors. SECTION 6. PRIOR COVENANTS AND RESTRICTIONS. Portions of the Property may be subject to covenants and restrictions recorded by Arvida Corporation ("Grantor") in Official Record Book 1172, page 481 as amended in Official Record Book 2070, page 790 ("Old Restricitions"). The Old Restrictions provide, inter alla that the Grantor must approve all construction on the Property encumbered by the Old Restrictions, including the construction of houses, walls, fences, and other structures. Subject to Grantor’s residual right to enforce the restrictions, Grantor’s right, powers, obligations and privileges under the Old Restrictions, were assigned to Declarant by virtue of a chain of assignments recorded in Official Record Book 3004, Page 1858 and Official Record Book 3004, Page 1861, all of the Public Records of Palm Beach County, Florida.
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Subject to the limitations to the ARB’s authority to regulate construction by Declarant contained in Article VI, Section 2 hereof, Declarant hereby delegates its authority to enforce the Old Restrictions to the ARB. The ARB shall interpret the Old Restrictions in a manner which is consistent, as nearly as possible, with the terms of these covenants and restrictions.
ARTICLE VII USE OF PROPERTY
SECTION 1. PROTECTIVE COVENANTS. (a) RESIDENTIAL USE. All Property designed for residential use shall be used, improved and devoted exclusively to residential use. Nothing herein shall be deemed to prevent the Owner from leasing a living unit to a single family, subject to all of the provisions of the Declaration. (b) NUISANCES. No nuisance shall be permitted to exist or operate upon any Property so as to be detrimental to any other Property in the vicinity thereof or its occupants. (c) RESTRICTION OF FURTHER SUBDIVISION. No Lot upon which a living unit has been constructed shall be further subdivided or separated into smaller Lots by any Owner, and no portion less than all of any such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes, and similar corrective instruments. (d) OTHER RESTRICTIONS. The ARB may adopt general rules to implement the purposes set forth in Article VI, Section 2 and interpret the covenants in the Section, including but not limited to rules to regulate animals, antennas, signs, storage and use of recreational vehicles, storage and use of machinery, use of outdoor drying lines, trash containers, planting, maintenance and removal of vegetation on the Properties. Such general rules may be amended by a two-thirds (2/3) vote of the ARB, following a public hearing for which due notice has been provided, and pursuant to an affirmative vote of two-thirds (2/3) of The Board of Directors. All such general rules and any subsequent amendments thereto shall be placed in the Book of Resolutions and recorded in the public land records. The rules of the ARB shall not contravene any provision of these Declarations or of any other recorded declarations superior in time to these Declarations. (e) EXCEPTIONS. The ARB may issue temporary permits to except any prohibitions expressed or implied by this Section, provided the applicant for such exception can show good cause and acts in accordance with adopted guidelines and procedures and subject to other recorded declarations superior in time to these Declarations.
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SECTION 2. MAINTENANCE OF PROPERTY. To the extent that exterior maintenance is not provided for in any other Declaration, each Owner shall keep all Lots owned by him, and all improvements therein or thereon, in good order and repair and free of debris including, but not limited to the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good Property management. In the event an Owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon, as provided herein, the Association, after notice to the Owner, and upon a two-thirds (2/3) vote of The Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. All costs related to such correction, repair or restoration shall become a Special Assessment upon such Lot. SECTION 3. UTILITY EASEMENTS. There is hereby created an easement in a strip of land six feet wide adjacent to and within the boundary lines of each Lot subject hereto for ingress, egress, installation, replacement, repair and maintenance of all utility and service lines and systems including, but limited to water, sewers, gas, telephones, electricity, television cable, or communication lines and systems for those utilities initially installed by the Declarant. The easement shall in no way affect any other recorded easement on said premises. SECTION 4. DECLARANT’S EASEMENT TO CORRECT DRAINAGE. For a period of five (5) years from the date of conveyance of the first Lot the Declarant reserves a blanket easement and right on, over and under the ground within that parcel to maintain and to correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any gradings of soil, or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected Property to its original condition as near as practicable. The Declarant shall give reasonable notice of intent to take such action to all affected Owners, unless in the opinion of the Declarant an emergency exists which precludes such notice. SECTION 5. ENCROACHMENTS. In the event any portion of the Common Area encroaches upon any Unit or any Unit encroaches on the Common Area as a result of construction, reconstruction or repair, shifting, settlement or movement of any portion of the Properties, a valid easement for the encroachment and for the maintenance of same shall exist so long as the encroachment exists. SECTION 6. INSURANCE. Owners of Lots shall obtain fire, extended coverage and liability insurance to the full replacement value of all buildings constructed on such Owner’s Lot.
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ARTICLE VIII GENERAL PROVISIONS SECTION 1. 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 provisions 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 2. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 3. 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 by an instrument signed by members of the Association having not less than seventy-five percent (75%) of the total membership vote and by all first mortgagees of record. Any amendment must be recorded. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 24th day of December, 1979. LEVITT HOMES INCORPORATION DECLARANT
By: /s/ Elliot Wiener (Corporate Seal) Vice President
Attest: /s/ Claudette Morency Assistant Secretary STATE OF FLORIDA ) SS. County of Palm Beach )
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I hereby certify that on this day before me, an officer duly authorized to take acknowledgements, personally appeared Elliot Weiner and Claudette Morency, the Vice President and Assistant Secretary, respectively, of LEVITT HOMES INCORPORATED, a Delaware corporation, who acknowledged before me that they executed the foregoing instrument on behalf of the corporation for the purposes therein expressed. Witness my hand and official seal this 27th day of December, 1979. (Notarial Seal) /a/ Jeffrey A. Deutch Notary Public State of Florida at Large My Commission Expires: March 28, 1983
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EXHIBIT "A" LEGAL DESCRIPTION OF ENCUMBERED PROPERTYThe following has been recorded in Official Records Book 3202, page 884, Public Records of Palm Beach County, Florida.
SUPPLEMENTARY DECLARATION OF COVENANTS AND RESTRICTIONS FOR STRATHMORE
OF COVENANTS AND RESTRICTIONS FOR STRATHMORE
SUPPLEMENTARY DECLARATION OF COVENANTS AND RESTRICTIONS FOR STRATHMORE
OF COVENANTS AND RESTRICTIONS FOR STRATHMORE The following has been recorded in Official Records Book 3414, Page 164, Public Records of Palm Beach County, Florida.
OF COVENANTS AND RESTRICTIONS FOR STRATHMORE
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