The residents and the board of Willow Greens Home Owners Association have amended the documents that changes the 67% quorum for making adjustments to the documents to become 51%.  This important change is needed to allow the board and the residents to make necessary adjustments to the documents as may be required. 

PREPARED AND RETURN TO:
JOSEPH R. CIANFRONE, P.A.
1964 BAYSHORE BOULEVARD
DUNEDIN, FL 34698

KEN BURKE, CLERK OF COURT                     
PINELLAS COUNTY FLORIDA                       
 INST# 2006210851 06/06/2006, at 0746 AM 
OFF REC BK: 15162 PG: 2678-2680              
Doc type:CTF RECORDING: $27.00              

Certificate of Amendment
TO
Declaration of Restrictions
FOR
Willow Greens, A Townhouse Project

Notice is hereby given that at a duly called meeting of the members on February 21, 2006 and subsequently reconvened on April 18, 2006, by the affirmative vote of the owners of two-thirds of the lots, the Declaration of Restrictions for Willow Greens, a Townhouse Project, as originally recorded in O. R. Book 8305, Page 1311, et seq. in the Public Records of Pinellas County, Florida, be, and the same is hereby amended as follows:

The Declaration of Restrictions for Willow Greens, a Townhouse Project is hereby amended in accordance with Exhibit "A" attached hereto and entitled "Schedule of Amendments to Declaration of Restrictions for Willow Greens, a Townhouse Project."

IN WITNESS WHEREOF, WILLOW GREENS HOMEOWNERS ASSOCIATION OF PINELLAS, INC., has caused this Certificate of Amendment to be executed in accordance with the authority hereinabove expressed this 17th Day of May, 2006.

WILLOW GREENS HOMEOWNERS                  
ASSOCIATION OF PINELLAS , INC.               

(Corporate Seal)          

BY VERA HATCH                                     
Its President                                          

Attest:
Kathy Knapp
Secretary

State of Florida
County of Pinellas

On this 17th day of May, 2006, personally appeared before me Vera Hatch, President, and Kathy Knapp, Secretary of Willow Greens Homeowners Association of Pinellas, Inc., and acknowledged the execution of this instrument for the purposes herein expressed.  They are personally known to me or have produced identification.
 

Jacquelyn Lavoie                                      
Notary Public                                           
State of Florida                                        
Commission expires :   April 12, 2007            

Schedule of Amendments
TO
Declaration of Restrictions
FOR
Willow Greens, A Townhouse Project

Page 1

(Continued to page 2)

Additions Indicated by Underline
Deletions indicated by Strike Through
Omissions indicated by Ellipsis....

Shall Article 21, Amendments, of the Declaration of Restrictions for Willow Greens, a Townhouse Project, be amended to read as follows:

21.  AMENDMENTS.  The provisions of this Declaration may be amended by affirmative vote of the owners of two thirds a majority of the lots, except that the 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.... 

[The balance of article 21 remains unchanged]

EXHIBIT "A"
 

Page 2

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The following proposal created by the Law Offices of Cianfrone, Polster & De Furio
Located at 1964 Bayshore Boulevard
Dunedin, Florida 34698
attorneyjoe@aol.com
727-738-1100
727-733-2154

September 6, 2005

Copy of Faxsimile

Board of Directors
Willow Greens Homeowners' Association of Pinellas, Inc.
c/o Rampart, Inc
10033 9th Street North, 2nd Floor
St. Petersburg, Florida 33716-3804

Attn: Stanley K. Jacobs, LCAM

RE: Amendment to Declaration

Dear Board Members:

Enclosed please find a proposed amendment to Section 8 of the Declaration, which addresses maintenance.  If adopted, the provision will limit the Association's maintenance responsibility.

In relation to the insurance issue, I do not recommend that the Association eliminate individual insurance requirement and pursue a master policy for fire, hazard and flood.  The issue becomes quite complicated as the insurance policy must insure a certain portion of the "building."  In condominiums, the Condominium Act specifically governs the extent to which the association master policy covers the building as opposed to the interior of a unit.  In the case of the town homes at Willow Greens, a master policy would create substantial confusion in the event of a loss due to the issue of the lack of a definition of the insured building.  I suggest, as an alternative, the Board consider the following as an amendment to the existing first paragraph of Section 9 pertaining to the insurance,

"At the Association's option, the Association may purchase the replacement value insurance for the living unit with costs of such insurance premium being a specific assessment against the lot and collectible as set forth elsewhere in the Declaration in relation to collection of assessments.  In such event, the Association shall not be liable or responsible to any unit owner for the adequacy of such coverage."

If the foregoing is adopted, the unit owners will still have the obligation to maintain insurance and the Association will have the right to pick up additional insurance in the event an owner does not properly  provide proof of insurance to the Association.  This provision will protect adjoining unit owners.  However, as noted above, the issue as to the extent of the replacement value of the insurance may be questioned by a carrier. 

Please advise if the enclosed amendment is acceptable and if we shall draft an amendment relating to insurance as noted. 

I await your reply.

Sincerely,

JOSEPH R. CIANFRONE, P.A.

At the January 20, 2004 meeting of the Board of Directors, new procedures and guidelines were unanimously adopted for all modification requests.

Procedure:
1.  All modification requests are to be submitted to Rampart, no later than the 1st of the month, in order to be considered at the month's meeting.
2.  Rampart will present proposals to the board members at least 10 days before that months meeting.
3.  Board members will  look over the proposal and, if necessary discuss the modification plans with the homeowner prior to the meeting
4.  If the request is approved at the board meeting, the homeowner must obtain the required permits and survey and submit these to Rampart before work is started.

Follow-up: 
Rampart will inspect the unit to verify that the modification was done as originally approved.  The homeowner will assume full responsibility for all maintenance of the modification.  This responsibility will be passed on to all subsequent unit owners.

Guidelines:  
1.  All exterior doors must be white, either solid or with glass inserts.  Picture of proposed door is to be presented with the Modification Request.

2.  Glass/Screen Storm doors should be white aluminum with black screening.

3.  New private, individual fences will no longer be permitted.  Existing fences are to be maintained and repaired by the homeowner.

4.  All exterior lights, if replaced by owners, must be white and the size/shape should be in keeping with the rest of the building.

5.  Front entrance roofs must be white vinyl or aluminum and light fixtures should be standard white.

6.  Lanais must have a white frame with a kick plate no more than 24" from the bottom and all screens should be black. 

7.  Lattice is acceptable but must be white vinyl with the larger latticework and can be any height provided it starts at the bottom of the screening.  The unit owner will maintain all lattices.

8.  Lanai conversions or additions must be white aluminum with Willow Greens yellow/white trim.  Only hurricane code glass or vinyl windows will be allowed.  There will be no outside, through-the-wall, or window air conditioning units will be permitted.  Permits must be obtained from the City of Largo before any work is begun.

This committee was formed as a result of numerous problems concerning the refuse containers that were mandated for our use by the city of Largo in 1997.  As such, the containers issued have placed hardships on some unit owners due to the large sizing of the city mandated containers.  We have had two attorneys working at different points in time, for the Willow Greens Homeowners Association.  Their advice is that we need to "establish reasonable guidelines for the storage of garbage cans on the exterior of the building" by way of "written consent from the Board of Directors" for those with real hardships.

The committee recommends the following guidelines:

A.  Unit owners who wish to apply for placement of refuse containers on the exterior of their building must meet at least
     one of the following criteria:

1.  Be a senior citizen.
2.  Be physically impaired.
3.  Own a unit with a single car garage
4.  Own a unit with a private entry way.  (not common with another owner)

B.  Upon meeting the criteria, the unit owner shall submit a written plan (form to be available from management office)
     Detailing where the refuse container will be placed and how it will be discreetly hidden from view.

C.  The Board of Directors will then review the submitted plan and either approve or disapprove (with comments) If an
      application and plan are disapproved the owner may resubmit.

D.  Upon receiving written approval from the Board of Directors, the unit owner can store the city refuse container on the
     exterior of the building as per the approved plan, and all expenses for implementation to be the sole responsibility of
     the owner.

E.  Any unit owner that keeps a refuse container on the exterior of the building without written approval by the Board of
     Directors shall be in violation of the "Declaration of Restrictions" and will be subject to compliance by the owners
     granted to the association by the "Declaration of Restrictions" governing this community.

WHEREAS; this procedure establishes a fair and equitable policy to give Warnings, Notice and, if necessary, the imposition of Fines to occupants who violate any provision of the Declaration, Articles, By-Laws or Rules and Regulations of the Association.

WHEREAS; the Association is granted the authority for fining under Florida Statute 720.303 and in Article VI, Section 7 of the Declaration of Covenants, Conditions and Restrictions.

WHEREAS; the Association, its Board of Directors or other authorized persons are empowered to enforce its Declaration, Articles of Incorporation, By-Laws, Rules and Regulations.

1. The above recitations are incorporated herein and acknowledged as to their accuracy.

2. The Board of Directors does hereby establish a Covenants Review Committee which shall be charged with determining the probable cause that any of the provisions of the Declaration of Covenants, the By-Laws, or the rules of the Association regarding the use of the unit, common elements, or association property are being or have been violated, and to take action in accordance with these provisions.

3. The Covenants Review committee shall consist entirely of unit owners other than members of the Board of Directors or employees of the association, or the spouse, parent, child, brother, or sister of a director or employee, which shall be charged with conducting the hearing and rendering the decision with regard to the levy of fines as herein provided.  Its membership shall be established by action of the Board of Directors as they may direct.

4. The Covenants Review Committee shall consist entirely of unit owners other than members of the Board of Directors for consideration.  In the event that the Covenants Review Committee determines, after holding a meeting to consider that complaint, that here is an instance of probable cause, it shall report that finding to the Board of Directors.

5. The Board of Directors shall thereupon provide written notice to the person alleged to be in violation, and the owner of the unit which that person occupies if that person is not the owner.  The notice shall include:

1. The specific nature of the alleged violation.

2. The quote from the Declaration, By-Laws or Rules which has been violated.

3. A declaration of the Association's position.

4. An acknowledgment of the opportunity for a hearing (before the Covenants Review Committee) if so requested within fourteen (14) days of the date of receipt of the notice.

5. The notice shall specify that each recurrence of the alleged violation of each day during which it continues shall be deemed to be a separate offense, subject to a separate fine, all fines not to exceed  $100 for each occurrence and $1,000.00 in the aggregate.

6. In the event that the violation is the first of its kind for an owner, the notice shall also specify, that in lieu of requesting a hearing, the alleged violator may cure the violation and respond to the notice, within fourteen (14) days of its receipt, acknowledging in writing that the violation occurred as alleged and promising that it will henceforth cease and will not recur.  In this case, such acknowledgment had promise, and performance in accordance herewith, shall terminate further enforcement activity of the association with regard to the violation to include the levying of any fine.

7. Notice shall be deemed given when addressed to the owner, and occupant if known, mailed to the unit address by first class United States mail, postage  prepaid, certified mail, return receipt requested.
    

6. If a hearing is timely requested, the Covenants Review Committee shall, upon notification from the Board of Directors, hold the same , after giving the alleged violator not less than fourteen (14) days written notice of the date, time and place of the hearing, which shall be properly noticed.

7. The Covenants Review Committee shall hear any defense to the charges of the Board of Directors of the Association including any witnesses for the alleged violator, unit owner or the Association and shall receive evidence and written or oral argument from the alleged violator on all issues involved or on any material considered by the Covenants Review Committee.

1. Any party at the hearing may be represented by Counsel, including the Association, and the hearing may be audio or video recorded in the same manner and under the same rules that unit owners are permitted to audio or video record meetings of the Board of Directors.

2. If the adverse party intends to utilize counsel at the hearing, the association must be notified of the intent not less than seven (7) days prior to the hearing.

8. Subsequent to any hearing, or if no hearing is timely requested and if no acknowledgment and promise is timely made, the Covenants Review Committee shall determine whether there is sufficient evidence of a violation as provided herein to warrant a fine.

1. Should the Covenants Review committee determine there is sufficient evidence, then in such event, the Covenants Review Committee shall provide its specific findings to the Board of Directors.

2. Should the Covenants Review committee determine there is insufficient evidence, then in such event, the Covenants Review Committee shall terminate the proceedings.  Any decision of the Covenants review Committee shall be made part of the minutes of that meeting.

9. Thereafter, the Board of Directors shall, at a duly called meeting of the Board of Directors for such purpose and by vote of the majority, either approve the levy, reduce the levy, or waive the levy, but may not increase the fine or receive additional statements with regard thereto.  The Board shall utilize the report of the Covenants Review Committee in its deliberations.

10. Any fine pursuant to this section shall be assessed against the unit which the violator occupied at the time of the violation, whether or not the violator is an owner of that unit, and shall be due and payable within 30 days from the notice of the levy.  The amount of any fine, if not paid, may be the basis of the disapproval of a future lease of the unit.  An unpaid fine may become a lien against the unit.

11. Nothing herein shall be construed as a prohibition of, or limitation on the right of the Board of Directors to pursue other means to enforce the provisions of the various association documents, including but not limited to mediation, arbitration, or legal action for damages and /or injunctive relief.

Adopted this 1st day of December, 2004, by action of the Board of Directors.

Willow Greens Home Owners Association, Inc.

By:__________________________/___________________________
 Association Secretary and/or President of the Association

Insurance and Maintenance Dilemma Discussion from Lawyer -
Active Document Proposal

September 6, 2005

Copy of Faxsimile

Board of Directors
Willow Greens Homeowners' Association of Pinellas, Inc.
c/o Rampart, Inc
10033 9th Street North, 2nd Floor
St. Petersburg, Florida 33716-3804

Attn: Stanley K. Jacobs, LCAM

RE: Amendment to Declaration

Dear Board Members:

Enclosed please find a proposed amendment to Section 8 of the Declaration, which addresses maintenance.  If adopted, the provision will limit the Association's maintenance responsibility.

In relation to the insurance issue, I do not recommend that the Association eliminate individual insurance requirement and pursue a master policy for fire, hazard and flood.  The issue becomes quite complicated as the insurance policy must insure a certain portion of the "building."  In condominiums, the Condominium Act specifically governs the extent to which the association master policy covers the building as opposed to the interior of a unit.  In the case of the town homes at Willow Greens, a master policy would create substantial confusion in the event of a loss due to the issue of the lack of a definition of the insured building.  I suggest, as an alternative, the Board consider the following as an amendment to the existing first paragraph of Section 9 pertaining to the insurance,

"At the Association's option, the Association may purchase the replacement value insurance for the living unit with costs of such insurance premium being a specific assessment against the lot and collectible as set forth elsewhere in the Declaration in relation to collection of assessments.  In such event, the Association shall not be liable or responsible to any unit owner for the adequacy of such coverage."

If the foregoing is adopted, the unit owners will still have the obligation to maintain insurance and the Association will have the right to pick up additional insurance in the event an owner does not properly  provide proof of insurance to the Association.  This provision will protect adjoining unit owners.  However, as noted above, the issue as to the extent of the replacement value of the insurance may be questioned by a carrier. 

Please advise if the enclosed amendment is acceptable and if we shall draft an amendment relating to insurance as noted. 

I await your reply.

Sincerely,

JOSEPH R. CIANFRONE, P.A.

Amendment Under Consideration as of August 15, 2006

Schedule of Amendments
TO
Declaration of Restrictions
FOR
Willow Greens, A Townhouse Project

Additions indicated by Underline.
Deletions Indicated by Strike Through
Omissions Indicated By Ellipsis....

1.    Section 8, MAINTENANCE REPAIRS AND REPLACEMENTS, Paragraph (a) By the Association, of the Declaration shall be amended by adding an entirely new subparagraph 4, to read as follows:

(4) Maintenance, repair or replacement shall be for ordinary wear and tear from time to time and not for damages caused by fire, hazards or any other perils or any casualty loss.  This amendment shall limit the Association's maintenance responsibility as stated Section 6 to the foregoing.  The Association shall have no responsibility to rebuild or reconstruct an individual unit, in the event of a fire, hazard,  or any other perils or casualty loss.

2.   Section 9, INSURANCE, DESTRUCTION AND RECONSTRUCTION, of the Declaration shall be amended to read as follows:

(9) Except as otherwise provided herein, the Association, as agent for and in behalf of the lot owners and their respective mortgages, shall obtain and maintain liability insurance coverage with a responsible insurance company.  All fire and extended coverage insurance (at replacement value) including hazard and flood insurance for the 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.  Current Ccopies of the policies evidencing said insurance coverage shall be deposited with the Allocation. on a current basis  In the event that Lot Owner fails to procure adequate coverage, the Association may purchase the replacement value insurance for the dwelling unit and other improvements on the Lot, with costs of such insurance premium being a specific assessment against the lot in addition to any attorneys fees and court costs incurred as a result, and an administration fee equivalent to 10% of the insurance premium and collectible as set forth elsewhere in the Declaration in relation to collection of assessment.  In such event, the Association shall not be liable or responsible to any unit owner for the adequacy of such coverage.

[THE REMAINDER OF THE EXISTING SECTION 9 IS UNCHANGED.]

3.   Section 10, LIABILITY INSURANCE.  The Association shall obtain and maintain public liability insurance covering all of the subdivision property other than the unit interiors individually owned lots and structures thereon 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 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 may be otherwise provided by law, and nothing therein contained shall in any way be construed 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 casualty, hazard and liability insurance covering losses which may occur in and about his particular Lot and unit, as he may deed appropriate for full replacement value.

Revised 1-24-07

The Association shall be responsible for:

Homeowners shall be responsible for:

Delete Screens, windows & exterior doors since we are moving to owner