HUNTERS CROSSING
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by ROBERT E. CARTER, hereinafter referred to as �Declarant�.
WITNESSETH
WHEREAS, Declarant is the owner of certain property in the County of Leon, State of Florida which is more particularly described as:
See Schedule �A� attached hereto and incorporated herein for legal description.
NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, 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 insure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. �Association� shall mean and refer to Hunters Crossing Homeowner�s Association, Inc., its successors and assigns.
Section 2. �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 Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. �Properties� shall mean and refer to that certain real property herein before described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. �Common Area� shall mean all real property (including the Improvements thereto) owned by the Association for the Common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the last, lot is described as all areas, including roadways, not designed to be owned by individual lot owners, as they are conveyed to the Association by the Declarant from time to time. Declarant covenants and agrees to convey such Areas as are shown on the proposed lot lay-out prepared by Broward Davis & Associates, Inc. as each section is developed.
Section 5. �Lot� shall mean and refer to any plot of land shown upon any map of the Properties, which is designed to be for a single residence and which is not Common Area.
Section 6. �Declarant� shall mean and refer to Robert E. Carter, his successors and assigns if such successors or assigns should acquire more than one undeveloped lot from the Declarant for tpurpose of development.
ARTICLE II
USE RESTRICTIONS
Section 1. Residential Only. No lot shall be used except for residential purposes.
Section 2. Conformance with zoning. All structures constructed on a lot shall conform to the Tallahassee-Leon County Zoning Code as it exists at the time of construction and shall be placed on the lot in conformance with its requirements.
Section 3. Temporary Residence Prohibited. No Structure of a temporary character, such as, but not limited to, a trailer, mobilehome, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently. Boats, trailers, campers or other vehicles shall be parked or stored within the garage or in such other areas as may be designated by the Homeowners Association.
Section 4. The main floor area of the main structure, exclusive of one-story porches, garages, carports and patios shall not be less than 1400 square feet of heated and/or cooled area for a one story building. In the event a resident contains more than one story, the ground floor must contain not less than 1000 square feet of heated and/cooled area.
Section 5. Fences. No fence of any kind shall be placed or constructed nearer to the front property line than the front corner of the residence. No fence shall be located nearer than two (2) inches to an interior lot line. No fence or hedge shall be erected or maintained on the property of the subdivision which unreasonably restricts or blocks the view from adjoining lot or which shall materially impair the continuity of the general landscaping plan of the subdivision. No wall or fence of any kind whatsoever shall be constructed on any lot until after the height, type and design and location thereof shall have been approved in writing by the Architectural Control Committee.
Section 6. Nuisances. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done on it that may be or may become an annoyance or nuisance to the property owners.
Section 7. Animals Prohibited. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes.
Section 8. Signs. No signs of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent or signs used by a builder to advertise the property during construction and sale of such building.
Section 9. Rubbish. No lot shall be used, maintained, or allowed to become a dumping ground for scraps, litter, leaves, limbs, or rubbish. Trash, garbage or other waste shall not be allowed to accumulate on the property and shall not be kept except in sanitary containers in such a manner to be acceptable to the Architectural Control Committee. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall be located so as not to visible from a street.
Section 10. Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and across all Common Areas and in all set-back areas, within these easements, on structure, planting or other materials shall be placed or permitted to remain that may damage or interfere with installation and maintenance of utilities, change the direction of flow of drainage channels in the easements or obstruct or retard the flow of water through drainage channels in the easement. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. The Declarant reserves the right, but not the obligation to maintain or improve any, drainage area or lake at anytime.
Section 11. No Business Conducted. No business other than arts, crafts or professions operated solely by family members occupying the residence shall be conducted.
Section 12. Minerals. No gas, oil mineral, quarry or gravel operations shall be permitted on any lot.
Section 13. Mailboxes. No mail box or paper box or other receptacle of any kind for use in the delivery of mail or newspaper or magazines or similar material shall be erected or located on any building plot unless and until the size, location, design and type of material for said boxes or receptacles shall have been approved in writing by the Architectural Control Committee. If and when the United States mail service or the newspaper or newspapers involved shall indicate a willingness to make delivery to wall receptacles attached to the residence, each property owner, on request of the Architectural Control Committee, shall replace the boxes or receptacles previously employed for such purpose or purposes with wall receptacles attached to the residence.
Section 14. Satellite Disks/TV Antennas. No satellite disks or outside tv antennas shall be allowed except as may be approved by the Architectural Control Committee.
ARTICLE III
PROPERTY RIGHTS
Section 1. Owner�s Easements of Enjoyment. Every owner and the Declarant, so long as the owns any of the properties or any adjoining property, 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 charge reasonable admission and other fees for the use of any recreation facility situated upon the Common Area;
(b) the right of the Association to suspend the voting rights and right to use of the recreation facilities by an owner for any Period during which any assessment against his lot remains unpaid; and for a period not to exceed 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 the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of each class of owners has been recorded.
Section 2. 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 purchaser; who reside on the property.
ARTICLE IV
MEMBERSHIP AND VOTING
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:
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.
Class B. The Class B member(s) shall be the Declarant and he shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or
(b) 0n June 30, 1990.
Section 3. If additional properties are added at any time, membership shall be apportioned according to the above formula as though the additional property was originally part of the whole.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the Properties, 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 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, cost, and reasonable attorney�s fees, shall be charged 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, cost, 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.
Section 2. Purpose of Assessments: The assessments leveled by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvements and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first lot an Owner, the maximum annual assessment shall be Three Hundred and No/100 Dollars ($300.00) per lot.
(a) From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 10% by a vote of two-thirds (2/3) of each of members who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount but not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized about, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, 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 members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Limited Special Assessment for Maintenance of Buildings. Assessments for the maintenance of the exterior may be made on a cluster basis, should some buildings weather sooner that others and in that event only those owners in the buildings affected shall be assessed for said maintenance. In addition, should a majority of the owners in any one cluster feel that their building is in need of exterior maintenance they may petition the Association, in writing, to assess for said maintenance. An exterior stain or trim change must be approved in writing by the Architectural Control Committee.
Section 6. Notice and Quorum for any action authorized under Section 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 nor more that 60 days in advance of the meeting. At such meeting, the presence of members or of entitled to cast a majority of all the votes of each class of membership shall constitute a quorum.
Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis.
Section 8. Date of Commencement of Annual Assessments. Due Dates. The annual assessments provided for herein shall commence as to Lots on the first day of the month following the conveyance of the Common Area. The first annual assessments shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each 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 of Directors. 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 assessment on a lot is binding upon the Association as of the date of its issuance.
Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 10 percent per annum. The Association may bring an action at law against the Owner personally obligation to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Area or abandonment of his lot.
Section 10. Subordination of the Lien to Mortgages. The lien of assessments provided for herein shall be subordinate to the lien of the first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfers of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessment 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 V
PARTY WALLS
Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the lots 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 property damage due to negligence or willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omission.
Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
Section 5. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner�s successors in title.
Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.
ARTICLE V I
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, 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 of Directors of the Association, 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 specifications have been submitted to it, approval will not be required and this Article will be deemed to have been complied with.
ARTICLE VII
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. The prevailing party in any such action shall be entitled to recover in addition to cost and disbursements allowed by such sum as the court may adjudge to be reasonable to the services of its attorney.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise 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 during the first twenty (20) year period by an instrument signed by not less then ninety percent (90) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the lot Owners. Any amendment must be recorded
Section 4. Annexation. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of the total voting rights outstanding. Not withstanding the forgoing, the Declarant may annex adjoining property so long as it meets the Cluster Housing requirements of the Tallahassee Leon County Planning Department at and time.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereto set its hand and seal this ___3 rd__ day of __February___, 1982.
WITNESSES:
____________________________
____________________________
DECLARANT
___________________________
ROBERT E CARTER ( seal )
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this __3 rd__
day of___February____, 1982 by ROBERT E. CARTER the DECLARANT.
____________________________
NOTARY PUBLIC
My Commission Expires: ___2/17/84
( THIS IS A COPY FROM THE ORIGINAL)