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THIS DECLARATION is made and executed this 15th
day of June, 1993 by WILLOW GREENS PARTNERSHIP,
LTD., a Florida limited partnership, as its
interests may appear collectively hereinafter called
"Declarant."
WITNESSETH:
WHEREAS. Declarant is the owner of the following
described property lying and being in the County of
Pinellas. State of Florida, to-wit:
The real property more
particularly described in Exhibit "A"
attached hereto
and by this reference made a part hereof.
Which property is hereinafter called the
"Subdivision"; and
WHEREAS, Declarant desires to improve the lots in
the subdivision by constructing thereon a total of
eighty (80) residential dwelling units in phase I
with a proposed sixty two (62) additional dwelling
units in phase II (if annexed by the Declarant) for
a grand total of one hundred and forty two (142) [editorial: We presently have 16 buildings with
133] residential dwelling units in both phases and
further desires to provide for the shared
maintenance of the lots and the improvements through
an association of
lot owners; and,
WHEREAS, Declarant desires to construct certain
facilities in the subdivision for the common use and
Benefit of all lot owners: and
WHEREAS. Declarant desires to establish
protective covenants covering the development,
improvement and usage of the property in the
subdivision for the benefit and protection of all
owners thereof.
NOW. THEREFORE, Declarant does hereby declare
that all property in the subdivision shall hereafter
be subject to the following provisions.
restrictions. reservations. covenants, conditions
and easements:
1. ASSOCIATION.
Except as may be otherwise provided by the' terms
hereof, responsibility for the operation,
management, and maintenance of the subdivision shall
be vested in an incorporated association known as
Willow Greens Homeowners’ Association of Pinellas,
Inc., a Florida corporation not for profit,
hereinafter called the" Association." The primary
purpose of the Association shall be to maintain the Association
Property and Common Improvements as hereinafter
defined; enforce the provisions of this Declaration
wherever applicable and appropriate and perform such
other duties as may be assigned to it under the
terms hereof or under it's Articles of
Incorporation.
Incorporation and Bylaws.
All persons owning a vested present interest in the
fee title to any of the subdivision lots, which
interest is evidenced by a proper instrument duly
recorded in the Public Records of Pinellas County,
shall automatically be members of the Association,
and their respective memberships shall terminate as
their vested interest in the fee title terminates.
The Association shall have all of the rights and
powers provided by the Florida corporation statutes
[editorial:
See "04
State Amendments],
the Articles of Incorporation, the Bylaws and this
Declaration.
2. VOTING RIGHTS.
Each lot shall be entitled to one vote at
Association meetings. Notwithstanding that the same
owner may own more than one lot or that residential
dwelling units constructed on abutting lots may be
joined together and occupied by one owner. The
number of lots in the Willow Greens Subdivision who
will be entitled to vote shall be one hundred and
forty two (142) [editorial: We presently have 16
buildings with 133 units]. The number of lots may be increased
or decreased by the Declarant from time to time as
it deems appropriate. In addition. the Declarant
reserves the right to annex phase II which shall be
accomplished by recording an annexation amendment by Declarant in the Public Records of Pinellas County,
Florida.
3. ASSOCIATION
PROPERTY.
Declarant: pursuant to a replat of the Property
shall designate those common areas which will be
dedicated to the Association.
4. LOT DEVELOPMENT PLAN.
The lots in the subdivision will be improved with
residential dwelling units prior to the conveyance
by Declarant of title hereto. The units are referred
to herein collectively as the "Lot improvements" Lot
improvements, in turn, are categorized herein as
"Owner Improvements" or "Common Improvements"
according to the provisions of Paragraph 6 and 7.
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Declarant intends to construct the residential
dwelling units on the lots in clustered groups.
The units in each building cluster will be separated
by party walls. By controlling the
construction of the units, Declarant intends to
provide a harmonious exterior appearance and design
for all the units in the subdivision. Except
as Declarant may otherwise expressly provide by
contract, the construction, development, and sale by
Declarant of the lots, units, and other property and
improvements in the subdivision is without warranty,
and not warranties of fitness, habitability or
merchantability as to any portion of the subdivision
property or improvements constructed by Declarant
thereon shall be implied.
5. OWNER IMPROVEMENTS.
As used herein, the owner Improvements on a lot
shall mean:
(a) all improvements lying within the
interior of the unit on the lot,
other than:
structural beams, columns, and members supporting
the unit; utility chases, installations, and
facilities serving more than one unit or the
Association Property, and electrical apparatus and
wiring, plumbing pipes apparatus, and other ducts,
conduits, cables, wires, and pipes that serve more
than one unit or the Association property. As
used herein, the "interior" of a unit shall mean
the enclosed bounded by the horizontal planes of the
undecorated finished floor and the undecorated
finish ceiling and the vertical planes of the
undecorated finished interior surfaces of exterior
walls and party walls or other boundaries.
By way of example, and not as a limitation,
improvements lying within the interior of a unit
that are included within the owner Improvements
are:
(1.) all paint , finish,
covering, wallpaper. and decoration of the interior
surfaces of all doors, wall, floors, and ceilings:
(2.) all built-in shelves,
cabinets, counters, storage areas and closets.
3.) all refrigerators, stoves,
ovens, disposals, compactors, dishwashers, and other
appliances and all bathroom fixtures, equipment, and
apparatus;
(4.) all electrical, plumbing,
telephone, and television fixtures, apparatus,
equipment, outlets, switches, wires, pipes, and
conduits that do not serve any other units;
(5.) all mechanical,
ventilating, heating and air conditioning equipment;
(6.) all interior doors, walls
partitions, and room dividers; and
(7.) all furniture,
furnishings, and personal property contained within
the unit.
(b) all heating and air conditioning
equipment, wherever located, that serves only the
unit constructed on the lot.
(c) all alterations or additions made by
the lot owner, or by any of his predecessors in
title other than Declarant, to the unit or the lot,
which alterations or additions shall be made
pursuant to authorization by Declarant or the
Association board of directors
as provided herein.
6. COMMON
IMPROVEMENTS. As used herein, the "Common
Improvements" on a lot shall mean all the Lot
Improvements and parts thereof
other than the Owner Improvements. By
way of illustration and not as a limitation, the
Common Improvements on a lot shall include the
following,
to the extent the same
are not included within the
Owner Improvements:
(a) the units foundation,
floor, roof, party and exterior walls, and all
exterior doors, windows, and screens.
(b) all utility chases and all structural
beams, columns, and members located within the unit.
(c) all utility installations or facilities
serving more than one unit or the Association
Property; provided, however, Declarant reserves the
ownership of all main utility lines and equipment and
all central television antenna signal distribution
wires, lines, and equipment that are installed by Declarant or its predecessor within the boundaries
of the subdivision and the right to convoy the same
to the Association, Pinellas County or any agency
thereof, Florida Power Corporation. General
Telephone Company of Florida, and Cable TV, or other
person or legal entity as
Declarant may deem
appropriate.
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(d) all electrical apparatus and wiring,
plumbing pipes and apparatus. and other ducts,
conduits, cables, wire or pipe, which are located
outside the boundaries of the unit interior or
which, regardless of location and which serve more
than one unit or the Association Property, to the
extent the same are not owned by utility companies
or Declarant.
(e) all parking areas (except any garage that is part of the unit or any
driveway serving said
unit), companies or Declarant.
(f) all trees, shrubs, plants, grass, and
other landscaping and all sprinkler and irrigation
systems.
(g) alteration, additions, and further
improvements to the lot.
7. COMMON
EXPENSES. All costs and expenses that may be
duly incurred by the Association through its board
of directors from time to time in operating,
maintaining, improving, protecting, managing, and
conserving the Association Property and all the
Common Improvements, and in carrying out its duties
and responsibilities as provided by this Declaration
and by its Articles of Incorporation and
Bylaws shall constitute
"common expenses" of the Association. Funds
for the payment of the common expenses shall be
collected by the Association through assessments
against the lots in accordance with the
provisions of Paragraph 13. By way of
illustration and not as a limitation the common
expenses shall include:
(a) costs of operation, maintenance,
repair, and replacement of the Associations Property
and all the Common Improvements and the recreational
facilities costs as described above;
(b) costs of management of the subdivision
and administrative costs of the Association,
including professional fees and expenses;
(c) costs of water and sewerage service,
garbage pickup, electricity, and other utilities
furnished to the subdivision which are not metered
separately to the individual lots;
(d) labor, material, and supplies used in
conjunction with the Association Property and the
Common Improvements;
(e) damages to the Association Property and
the Common Improvements in excess of insurance
coverage;
(f) salary of manager or managers and their
assistants, as shall be determined by the
board of directors of the
Association;
(g) Premium costs of liability insurance as
provided herein and it is specifically understood
that Lot Owners will secure their own
fire, windstorm, flood and other insurance for the
Lot Improvements located on their Lot and directly
pay for the cost of said insurance;
(h) costs incurred by the Association, upon
approval by the board of
directors, for the installation of additions,
alteration, or improvements to the Association
Property or to the Common Improvements or for the
other interests in recreational facilities, acquired
for the benefit of all Lot owners, provided that if
the cost of any of such items is more than twenty
percent (20%) of the amount of the total annual
budget, the purchase or installation of such items
shall first be approved by affirmative vote of the
owners of a majority of the lots;
(i) basic charges for cable or central
antenna television service, unless the provider of
such service charges the lot owners directly; and
(j) other costs incurred by the Association
in fulfilling its maintenance obligations under the
terms of Paragraph 8.
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8.
MAINTENANCE, REPAIRS
AND REPLACEMENTS. The respective
obligations of the Association and the lot owners to
maintain, repair, and replace the subdivision
property shall be as follows:
(a) By the Association
The Association shall maintain, repair, and replace
as part of the common expenses:
(1) the Association
Property and all of the Common Improvements as
defined herein.
(2) all
mechanical, ventilating, heating and air
conditioning equipment serving the Association
Property.
(3) all unit
exterior doors, except for the cleaning or painting
of interior surfaces and except for the cleaning of
any exterior glass surfaces;
The
Association shall have
the irrevocable right to have access to each lot and
unit from time to time during reasonable hours as
may be necessary for the maintenance, repair or
replacement of the Common Improvements, and during
any hours for performing such emergency repairs or
procedures therein as may be necessary to prevent
damage to the Common Improvements or to the Owner
Improvements on another lot. If the
board of directors
determines that any maintenance, repair or
replacement required to be made by the Association
was necessitated by the carelessness, negligence, or
intentional act of a lot owner, his lessees,
invitees, or guests the cost of such maintenance,
repair or replacement shall be assessed against the
lot owner and shall be payable by such lot owner
within 30 days after delivery of written notice of
the assessment. Neither the Association nor
any lot owner shall be liable for any damage to the
property or person of any other lot owner or
occupant caused by water intrusion into a unit
through the Common Improvements or from another unit
resulting from rain, leakage, pipe leakage,
overflow, or bursting, or other similar source,
unless the Association or lot owner is guilty of
gross negligence or willful and wanton misconduct.
(b) By the Lot Owners.
Each lot owner shall maintain, repair, and replace
all of the Owner improvements on his lot. Each
lot owner shall be responsible for washing all
screens., windows, and exterior glass surfaces
serving his unit. Each lot owner shall be
responsible for maintaining that portion of his lot
which is reserved for gardening purposes.
In the event a lot
owner fails to fulfill his maintenance obligations
as set forth above, the Association, at the
discretion of the board of
directors, may undertake such maintenance and
make such repairs as the board may deem necessary,
and the cost thereof shall be assessed against such
defaulting lot owner and shall be payable within 30
days after delivery of written notice of the
assessment.
9.
INSURANCE, DESTRUCTION, AND RECONSTRUCTION.
Except as otherwise provided herein, the
Association, as agent for and in behalf of the lot
owners and their respective mortgagees, shall obtain
and maintain liability insurance coverage with a
responsible insurance company. All fire and
extended coverage insurance including hazard and
flood insurance for the Lot Improvements shall be
paid by each respective Lot Improvements shall be
paid by each respective Lot Owner and said Lot Owner
shall be responsible for securing said insurance
coverage for the Lot Improvements located on the Lot
owned by said Lot Owner. Copies of the
policies evidencing said insurance coverage shall be
deposited with the Association on a current basis.
In the event of a
destruction or casualty loss to any of the Lot
Improvements on a Lot, all insurance proceeds
payable under the policies shall be collected by the
Association. The proceeds shall be immediately
paid over by the Association to a banking
corporation having trust powers selected by the
Association board of directors.
The proceeds shall be held by the bank in trust and
used for the immediate repair and reconstruction of
the damaged improvements under the supervision and
control of the board of directors. The
insurance carrier shall not be responsible to assure
that the proceeds are paid over to the trustee or
are properly applied as provided herein. The
bank shall disburse the proceeds held by it upon
written draw requests signed by the president or
vice president of the Association as reconstruction
progresses. Any surplus of insurance proceeds
shall be returned to the Lot Owner. In the
event the proceeds are not sufficient to pay the
cost of the reconstruction and the trustee's costs
and reasonable fees, the Lot Owner shall supply
sufficient additional funds to the Association.
The Lot Owner's insurance carrier shall not have a
right of subrogation against any other lot owner,
but if it is determined by the board of directors
that the damage was positively caused by the gross
negligence or willful and wanton misconduct or
intentional acts of a lot owner, such lot
owner may be assessed a sum sufficient to reimburse
the other Low Owner for any deficiency in insurance
proceeds, which sum shall be payable by such lot
owner within 30 days after delivery of written
notice of the assessment.
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In the event of a total or
substantial destruction of all of the improvements
in the subdivision , the improvements shall be
restored as above provided unless the owners of
two-thirds of the lots vote to terminate the
provisions of the Declaration. Except for the
consent of institutional first mortgagees and
Declarant pursuant to Paragraphs 15 and 16, no
further consent from any other person or entity
shall be necessary to effectuate a termination in
the manner above described. In the event the
provisions of this Declaration are to be terminated,
the bank trustee selected by the
board of directors, to
be held by such trustee in trust. The
recording of each such conveyance to the trustee in
the Public Records of Pinellas County will have3 the
immediate effect of releasing all liens upon the
respective lot and shall cause their instantaneous
transfer to that lot owners share of the funds to be
subsequently distributed by the trustee as provided
herein. Upon recording an instrument
evidencing the termination of the provisions of this
Declaration , each lot owner shall be distributed
the insurance proceeds attributable to the coverage
obtained by said Lot Owner, less expenses and costs
of the trustee.
Any distribution,
whether partial or final, of a lot's share of the
funds held by the trustee shall be made jointly to
the record title owner of the lot and the record
owners of any mortgages or other liens encumbering
the unit at the time of the recording of the
conveyance to the trustee by the lot owner.
All mortgages and other liens upon the respective
lots shall be fully released and discharged as
provided herein even though the share of a
particular unit in the funds distributed by the
trustee is insufficient to pay all liens in full; in
such event the lien holders who had priority against
the title to the lot shall have priority of payment
of the lot's share of such funds. Nothing
herein provided shall in any way relieve the lot
owner of his personal liability for any deficiency
that may remain upon any liens which encumbered his
lot at the time of his conveyance to the trustee.
Mortgages and other lien
holders will evidence their acceptance and consent
to the foregoing provisions by the acceptance of
their mortgages or perfection of their liens.
The provisions of this Paragraph 9 may be enforced
by injunction, by suit for specific performance, or
by other appropriate remedy upon suit filed by the
Association in a court of competent jurisdiction.
10.
LIABILITY
INSURANCE. The Association shall obtain
and maintain public liability insurance covering all
of the subdivision property other than the unit
interiors and insuring the Association and the lot
owners as their interest may appear in such amount
as the board of directors
may deem appropriate. The premiums for such
insurance coverage shall be a part of the common
expenses. The
board of directors
shall have authority to compromise and settle all
claims against the Association or upon
insurance policies held by the Association.
The premiums for such insurance coverage shall be a
part of the common expenses. The
board of directors
shall have authority to compromise and settle all
claims against the Association or upon insurance
policies held by the Association. The lot
owners shall have no personal liability upon any
such claims, except as many be otherwise provided by
law, and nothing therein contained shall in any way
be constructed as imposing upon the Association a
duty to assess lot owners for the purpose of raising
sufficient funds to discharge any liability to
excess of insurance coverage. Each lot owner
will be responsible for procuring and maintaining
public liability insurance covering losses which may
occur in and about his particular unit, as he many
deem appropriate.
11. RESTRICTIONS UPON USE. No owner,
tenant, or other occupant of a lot (which for the
purposes of this Paragraph 11, shall include the
unit constructed thereon) shall:
(a) use the lot other than
residential purposes;
(b) do any of the following
without the prior written
consent of the Association board of directors:
paint or otherwise change the appearance of any
exterior wall, door, window, patio, screened
terrace, balcony, or any exterior surface; place any
draperies or curtains at the windows of the unit
without a solid, light colored liner facing the
exterior of the unit; tint, color or otherwise
treat or apply anything to any window which will
adversely affect the uniform exterior appearance of
the building in the opinion of the board; plant any
planting outside of a unit except in the gardening
area; erect any exterior lights or signs; place any
signs or symbols in windows or on any balcony or exterior
surface erect or attached any structures or fixtures
outside the unit interior; or make any structural
addition or alterations (except the erection or
removal of non-support carrying interior partitions
wholly within the unit interior) to any property in
the subdivision;
(c) cause or permit loud and objectionable
noises or obnoxious odors to emanate from the lot or
other property in the subdivision which may cause a
nuisance to the occupants of other lots in the sole
opinion of the board or install or play within the
unit any organ or electronically amplified musical
instrument or device without the prior written
consent of board of directors,
which consent, if given shall restrict the playing
of such instrument or device to reasonable hours;
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(d) make any use of the lot or
other property in the subdivision which violates any
laws, ordinances, or regulations of any governmental
body; (e) fall to conform to and
abide by the provision of this Declaration, the
Association's Articles of Incorporation and Bylaws,
and such uniform rules and regulation in regard to
the use of the lots and the Association Property as
may be adopted from time to time
by the board of directors,
or fail to allow the board of directors or its
designated agent to enter the unit at any reasonable
time to determine compliance with this Declaration
of the Bylaws and regulations of the Association;
(f) erect , construct, or maintain any wire,
antennas, garbage or refuse receptacles, or other
equipment or structures on the exterior of any
building or on any other portion of the subdivision
property, except with the written consent of the
Association board of directors.
(g) cause or permit anything to
be done or kept on the lot or any other property in
the subdivision which will cause damage to, or
increase insurance rates on, any part of the
subdivision property or improvements thereon;
(h) commit or permit any public
or private nuisance or illegal act on the lot or on
any other property in the subdivision;
(i) divide or subdivide the lot
for purpose of sale or lease (however, a lot may be
combined with an adjacent lot and occupied as a
single dwelling unit);
(j) obstruct the common
way of ingress and egress to the other lots or the
Association property;
(k) hang my
laundry , garments or unsightly objects from any
place readily visible from outside of the unit;
(l) allow anything to remain on
the lot or other property in the subdivision which
would be unsightly or hazardous;
(m) allow any rubbish, refuse,
garbage or trash to accumulate in places other than
the receptacles provided there for, or fail to keep
the Owner Improvements on his lot in a clean and
sanitary conditional all times;
(n) allow any fire or health
hazard to exist;
(o) interfere with the use of
another lot by the owner or occupant thereof or make
use of any part of the Association Property in such
a manner as to abridge the equal rights of the other
lot owners to its use and enjoyment;
(p) lease less than an entire
lot or lease a lot for a period of less than a three
consecutive month period at any one time;
(q)
park overnight any
commercial vehicle, trucks, boat,
camper, motor home, trailer, mobile home or
similar vehicle in any
driveway or other parking area (other than in an
enclosed garage), unless permitted in writing by the
board of directors; provided, however, that the
words "commercial vehicle" shall exclude any
automobile bearing a small-sized business name;
(r)
allow only
domesticated two pets having a combined
weight of not greater than
fifty (50) pounds to be kept on the lot,
subject to all applicable leash laws and
other local ordinances governing the keeping of
animals. Provided however, not pit bulls,
rottweilers or other fighting dogs will be
permitted on any of the lots;
(s) discharge saline or other
regenerating solution from water softening equipment
or any other chemicals into any street, easement,
surface water drain, or portion of the subdivision
property so as to harmfully affect any landscaping
or plants.
(t)
Additional rules and
regulations are attached to this Declaration, marked
Exhibit "B"
and by this reference made a part hereof.
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12.
LEASE OR SUBLEASE OF LOT.
In recognition of the close proximity of the units
and the compact living conditions which will exist
in this subdivision, the mutual utilization and
sharing of the Association Property, and the
compatibility and congeniality which must exist
between the lot owners and occupants in order to
make an undertaking of this nature satisfactory and
enjoyable for all parties in interests, it shall
be necessary for the board of
directors of the Association, or its duly
authorized officers,
agent or committee, to
approve in writing contain such information
as may be required by application forms promulgated
by the board and shall
be accompanied by an application fee as required by
regulation of the board. When considering such
application, consideration shall be given to the
moral character, social compatibility, personal
habits, and financial responsibility of the proposed
purchaser, transferee, lessee or occupant. A
waiver of this provision or the failure to enforce
it in any particular instance shall not constitute a
waiver of, or stop the Association from enforcing,
this provision in any other instance. A
lessee shall not assign his lease or sublet his lot
without the prior written approval of the board of directors or its
duly authorized officer, agent, or committee.
The forgoing provisions shall not be applicable to
leases to or from institutional mortgagees or
Declarant or to any person, firm or entity who
acquired his Lot at foreclosure sale of any mortgage
held by institutional mortgages or by
acceptance of any deed in lieu of foreclosure by
said institutional mortgages.
13.
ASSESSMENTS.
The board of directors of the
Association shall approve annual budgets of
anticipated income and common expenses for each
fiscal year and thereupon shall levy an annual
assessment against each lot The annual
assessment shall be collected in the manner provided
in the Bylaws. In addition, the board of
directors shall have the power to levy special
assessments against the lots as prescribed in the
Bylaws. Payment of any special assessment
levied by the board shall be due upon not less than
30 days written notice thereof on the date and in
such installments as the board may specify.
All regular or special assessments levied by the
board shall be on the basis of one share per lot, so
that the owner of each lot shall bear an equal pro
rata share of the common expenses of the
Association. Notwithstanding any of the above,
no lot shall be liable for the payment of any
portion of any annual or special assessment or
installment thereof until the first day of the month
following the issuance of a certificate of occupancy
for the unit constructed by Declarant on the lot.
Any assessments,
including assessments made pursuant to the
provisions of paragraphs 8 and 9, which are not paid
when due shall be subject to a late charge of five
percent (5%), or such other late charge as may be
established by resolution of the board, and shall
bear interest from the due date until paid at the
rate of eighteen percent (18%) per annum or at such
other rate as may be established by resolution of
the board up to the maximum rate allowed by law.
If any assessment is payable in installments and a
unit owner defaults in the payment of an
installment, the remaining installments of such
assessment may be accelerated by the Association to
maturity by giving the defaulting unit owner ten
(10) days notice of intent to accelerate unless all
delinquent sums are paid within that time. The
board of directors may
require each unit owner to establish and maintain a
minimum balance on deposit with the Association (not
to exceed one-fourth of the current annual
assessment) to provide working capital and to cover
contingent expenses from time to time.
Every assessment levied by the board of directors of the Association shall
be the personal obligation of the owner of the lot
against which the assessment is levied,
ownership being determined as of the date of such
levy. If any such assessment is not paid
within thirty (30) days after the same is due, then
the Association may bring suit against the owner on
his personal obligation, and there shall be added to
the amount of such assessment the aforementioned
late charge and interest and all costs incurred by
the Association in
preparation for and in bringing such action,
including reasonable attorney's fees for
pretrial, trial and appellate proceedings.
14. ASSOCIATION LIEN
RIGHTS. To provide an additional means to
enforce the collection of any assessment, including
assessments made pursuant to the provisions of
Paragraphs 7 and 8, the Association shall have
a lien against each lot and all improvements
thereon. The lien of every such assessment,
together with interest and late charges thereon and
cost of collection thereof as herein provided, shall
attach and become a share on each lot and all
improvements thereon upon the
recording of this declaration
In the event any
assessment is not paid within thirty (30) days after
the same is due, the Association shall have the right to file a
claim of lien in the Public Records of Pinellas
County.
The lien may be enforced by the Association by
foreclosure suit in the same manner as a
mortgage or mechanics lien foreclosure or in such
other manner as may be permitted by law.
In the event the Association files a claim of lien
against any lot, the Association shall be entitled
to recover from the owner of such lot the late
charge and interest described in Paragraph 13 and
all
costs incurred by the Association in preparing,
filing, and foreclosing the claim of lien, including
reasonable attorney's fee for pretrial, trial, and
appellate proceedings. All such late charges,
interest, costs and attorney's fees shall be secured
by the lien
of the assessment.
See "04
State Amendments
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It is the intent hereof that the
Association's lien rights against each individual
lot shall be subordinate
and inferior only to the lien of taxes and special
assessments levied by governmental authorities, and
the lien of any first mortgage held by an
institutional first mortgagee as provided in
Paragraph 15. Specifically, each lot owner
waives any claim to homestead as a defense to a lien
filed pursuant to this paragraph.
15. RIGHT OF INSTITUTIONAL FIRST MORTGAGEES.
All savings and loan associations, banks, credit
unions, mortgage brokers, insurance companies, and
agencies of the United States Government, including
the Veterans Administration, the Federal National
Mortgage Association, the Federal Home Loan Mortgage
Corporation, and their subsidiaries, affiliates
successors and assigns, holding first mortgages upon
any of the lots are herein referred to as
"institutional first mortgagees". Not
withstanding anything contained herein to the
contrary, the termination of the provisions of this
Declaration by vote of the lot owners and any
amendments to the contrary, the termination of
the provisions of this Declaration by vote of the
lot owners, and any amendments to the provisions of
this Declaration, shall require the written consent
of institutional mortgages holding at least eighty
percent (80%) of such first
mortgages, except for amendments by Declarant
pursuant to Paragraph 21. Such consent shall
not be unreasonably withheld. Any
institutional first mortgagee that acquires title to
a lot through mortgage foreclosure or acceptance of
a deed in lieu of foreclosure shall not be liable
for any assessments levied against such lot which
became due prior to the acquisition of such
title unless a claim of lien for such assessments
was recorded prior to the recording of the mortgage.
16. RIGHTS
OF DECLARANT. Declarant hereby reserves the
right to appoint, remove, and replace from time to
time the directors of the Association in accordance
with the provisions of the Association's Articles of
Incorporation and Bylaws. Declarant may
terminate such right by relinquishing control of the
election of the board of directors to the lot owners
at any time. As long as Declarant holds lots
in this subdivision for sale in the ordinary course
of business, this Declaration shall not be amended
nor the provisions of this Declaration terminated
without the written consent of Declarant.
Declarant reserves all rights and
easements necessary or desirable, with respect to
the subdivision property, to complete any
construction and to effect the sale of lease of all
the lots. As long as
Declarant holds lots or units in the subdivision for
sale in the ordinary course of business, Declarant [builder] shall have the right to exhibit such signs
and sales paraphernalia on the subdivision
property as may be desirable to effect such sales
and may use one or more of the lots and the
Association Property for offices, models, and other
uses appropriate for the promotion of sales and
for the development and management of property in
the subdivision.
It is further agreed to by the
parties herein, and it is the full intention of
Declarant and any lot owners at Willow Greens, that
Declarant has complete authority to unilaterally
amend, change, revoke, add,
modify, or otherwise improve and refine these
documents as the developer deems necessary and
appropriate at Declarant's sole discretion.
17. EASEMENTS.
The respective rights and obligations of the unit
owners, the Association , Declarant and other
concerning easements affecting the subdivision
property shall include the following:
(a) Reserved by
Declarant. Declarant hereby reserves for
the benefit of itself, its successors and assigns,
perpetual easements for access and for the
installation, construction, repair, maintenance,
and replacement of lines, pipes, wills, drains,
cables, equipment, apparatus, structures, road,
driveways,
and other improvements for private or
public utility services of all kinds, including
without limitation, water, sewer, drainage,
irrigation, fire protection, electricity, telephone,
cable television, and trash disposal,
over, under, through, and across the subdivision
property. Declarant may assign and convey any
of the foregoing easements to such person or
entities as Declarant may deem appropriate for the
use of such persons or groups of persons as may be
designated and upon such terms as may be established
by Declarant. (b)
Granted to Unit Owners.
Each unit owner is hereby granted a non-exclusive
perpetual easement: (1) over and across the common
arias of the subdivision for access to and from his
respective lot; and
(2) for any encroachments by his unit on an
adjoining lot which may exist now or in the future
by inaccuracies in construction or settlement or
movement of the unit, which encroachments shall be
allowed to remain undisturbed until they no longer
exist. 8
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(c)
Granted to Utilities. There is
hereby granted to all public and private utility
companies furnishing utility services to the
subdivision as of the time of recording of this
Declaration, or hereafter authorized
by Declarant or the Association to furnish such
services, a perpetual non-exclusive easement for the
construction, such utility services are respectively
provided over, under, across, and through such
portion of the subdivision property as may be
reasonably necessary therefore.
(d) Granted to and by the
Association. There is hereby granted
to the Association a perpetual non-exclusive
easement across each lot and through each unit for
the purpose of maintaining to Common
Improvements. The association is also hereby
granted a perpetual non-exclusive easement of
support
in any portion of a unit which contributes to the
support of that or any other unit. The
Association shall have the right to grant easements
under, over, across and through the subdivision
property to such persons or entities and for such
purposes as the Association board of directors may
deem appropriate
by recording in the Public Records of Pinellas
County, Florida, an instrument duly executed by the
President or Vice-President of the Association.
(e) Proviso. The
use of any easement granted under the provisions of
this Paragraph 17 shall not
include the right to disturb any building or
structure on the subdivision property, and any
damage
caused to same shall be repaired at the expense of
the party causing such damage. In the event a
party's use of an easement granted pursuant to the
terms hereof causes a disturbance of the surface
of the land , the roadways, grass, landscaping, and
other improvements which are disturbed shall be
restored promptly by such facilities during periods
of such occupation to the exclusion of the other
multiple owners or corporate officials or their
invitees.
18.
LIMITATION
ON USE OF RECREATIONAL FACILITIES. In
order to conserve the recreational facilities to be
available for the use of the lot owners in the
subdivision and to preserve such facilities for the
maximum enjoyment and pleasure of all concerned, the
use of such facilities shall be limited only
to the immediate occupants of a lot from time to
time and their occasional guests. In the event
a lot is leased, the tenant and his family and
occasional guests may use such facilities to the
exclusion of the owner of the lot and his family.
Occupants of lots owned by multiple or
corporate owners shall be entitled to use such
facilities during 0period of such occupation to the
exclusion of the other multiple owners or corporate
officials or their invitees.
19. REMEDIES FOR DEFAULT. In
addition to the remedies provided by statute and
common law
and the remedies elsewhere provided herein, a
default by the owner, tenant or occupant of any lot
in complying with the provisions and requirements of
this Declaration, the Articles of Incorporation, the
Bylaws and such regulations and rules as may be
promulgated by the Association board of directors
shall entitle the Association to injunctive relief
or money damages or both. In any such legal or
equitable action or proceeding the prevailing party
shall be entitled to recover his costs and expenses,
including reasonable attorney's fees to be
determined by the Court for pretrial, trial, and
appellate proceedings. During the continuance
of any such default, the Association by
action of the board of
directors may discontinue the supply of any
utility services to the defaulting party's lot that
are paid by the Association as part of the common
expenses or discontinue use of any of the Common
Improvements. Upon the correction of such
default and the payment by the lot owner of the
expense of the discontinuance and restoration of
such services, they shall be immediately restored.
20. DURATION. The provisions
of this Declaration shall run with and bind all of
the property in the subdivision and shall inure to
the benefit of and be enforceable by the Declarant,
the Association, and each lot owner, and their
respective legal representatives, heir, successors,
and assigns, or a term of
99 years from the date this Declaration is recorded,
after which time the provisions of this Declaration
shall be automatically extended for successive
periods of 10 years each unless prior to the
commencement of any such 10 year period; (1) owners
of at least two-thirds of the lots approve the
termination of the provisions of this Declaration,
and (2) a written instrument certifying that such
approval has been obtained is signed by the
president and secretary of the Association and
recorded in the Public Records of Pinellas County.
21.
AMENDMENTS. The provisions of this
Declaration may be amended by affirmative vote of
the owners of two-thirds of the lots
(editorial 100 votes), except that
provisions relating to sharing of common expenses,
rights
of Declarant, rights of institutional first
mortgagees, and voting rights of lot owners may be
amended only with the written consent of all persons
or entities adversely affected thereby.
Amendments to the Association's Articles of
Incorporation and Bylaws may be made in the
manner provided therein and
shall not be subject to the requirements set forth
herein for amendments to the provisions of this
Declaration. (See
Exhibit B about an amendment to this document)
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Except for amendments by Declarant as
herein provided, no amendment shall be effective
unless it be
in writing, executed by the president or vice
president and attested by the secretary of the
Association
with the formalities required for a conveyance of
real property in the State of Florida, and recorded
in the
Public Records of Pinellas County. Any
amendment so executed and recorded shall be prima
facie evidence that the amendment was duly adopted
in accordance with the requirements of this
Declaration and
the Association's Articles of Incorporation and
Bylaws. It shall not be necessary for the
individual
owners of lots of holders of recorded liens thereon
to join in the execution of any amendment, except
as specifically provided herein.
As long as Declarant holds title to
any lot in the subdivision, Declarant shall have the
right and
irrevocable power to amend this Declaration.
Any such amendment shall be secured by Declarant,
and the joinder or further consent of the
Association or individual owners of lots or holders
of recorded liens executed and recorded after the
date of this declaration or other interest therein,
including institutional first mortgagees, shall not
be required. All amendments shall reasonably
conform to the general purposes of the covenants and
restrictions set forth herein and shall take effect
immediately upon recordation in the Public Records
of Pinellas County.
22. REPLAT. The Declarant
reserves the right to replat all or any portion of
the Property. In connection with any replat to
be recorded by the Declarant, any future lot owner
and mortgagee of all or any portion of the property,
by acceptance of a deed or mortgage to all or a
portion of the Property,
agree to execute and deliver upon the request or
Declarant any such documents that may be required
to formalize any replat of property by the
Declarant, which documents must be delivered within
five (5)
days after delivery of the same by the Declarant.
23. BINDING EFFECT.
All provisions of this declaration shall be
enforceable as equitable servitude's and shall run
with the land and shall be in full force and effect
until
a particular provision
is duly amended or
until this Declaration in duly revoked and
terminated. Any gender used herein
shall include all genders and legal entities, and
the plural number shall include the singular and the
singular shall include the plural. The term
"Declarant" as used herein shall include Willow
Greens Partnership, Ltd., and its successors and
assigns. The obligations of Declarant arising
under this Declaration or
under any other instrument are partnership and
corporate officers, director, and shareholders shall
have
no individual liability in any action brought or for
any claim asserted, by the association or by any lot
owner in connection with the construction,
development or sale of any lot, unit, or other
property or improvements in the subdivision.
24. SEVERABILITY.
If any provision of this Declaration, the Articles
of Incorporation, or the
Bylaws or any section, sentence, clause, phrase or
work thereof, or the application thereof in any
circumstance, is held invalid by a court of
competent jurisdiction, the validity of the
remainder of such instruments and of the application
thereof in in other circumstances shall not be
affected thereby.
IN WITNESS WHEREOF, Declarant
has caused this Declaration to be executed in its
name this 10th day of June, 1993.
Willow Greens Partnership, Ltd., a
Florida limited partnership, by it's sole general
partner Steven Hove (President at the time of
signing) 10
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Pinellas County Florida
OFF. REC. BL 8305 PG 13230
EXHIBIT B Deed Restriction
Amendments
(Though this
is a verified copy of the original document, minus
some hand written information,
this is a typed copy of the Deed of Restrictions not
intended to replace or interpret the original
document recorded)
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