Renar Golf Communities at LPGA International"
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07/13/2001 14:44 Instrument # 2001-144420 Book: 4713 Page: 3381 Declaration OfCovenants, Conditions And Restrictions For RENAR GOLF COMMUNITIES AT LPGA INTERNATIONAL Declaration OfCovenants, Conditions And Restrictions For Renar Golf Communities At LPGA International N ri CO Table of Contents DEDICATION 1 NI II ARTICLE I - Definitions 2 Cri Section 1. "Articles ofIncorporation" 2 it Section 2. "Association" 2 CLa Section 3. "Base Assessment" 2 Section 4. "By-Laws" 2 Section 5. "Class "B" Control Period" 2 Section 6. "Common Area" 2 Section 7. "Common Expenses" 2 Section 8. "Community-Wide Standard 2 Section 9. "Declarant" 2 Section 10. "Declaration" 2 Section 11. "Development Agreements" 2 Section 12. "Development Order" 3 Section 13. "Exclusive Common Area" 3 Section 14. "General Common Area" 3 Section 15. "Golf Course" 3 Section 16. "Master Association" 3 Section 17. "Master Declarant" 3 Section 18. "Master Declaration" 3 Section 19. "Master Developer" 3 Section 20. "Member" 3 Section 21. "Mortgage" 3 Section 22. "Mortgagee" 3 Section 23. "Neighborhood" 3 Section 24. "Neighborhood Assessments" 4 Section 25. "Neighborhood Expenses" 4 Section 26. "Owner" 4 Section 27. "Person" 4 Section 28. "Property" or "Properties" 4 Section 29. "Service Assessments 4 Section 30. "SJRWMD" 4 Section 31. "SJRWMD Permit" 4 Section 32. "Special Assessment" 4 Section 33. "Supplemental Declaration" 4 Section 34. "Surface Water Management System" or "Stormwater Drainage System" . 4 Section 35. "Turnover" 5 Section 36. "Unit" 5 Section 37. "Voting Member" 5 ARTICLE II- Property Rights 5 rl CO and Voting Rights 5 t- ARTICLE BI - Membership 1141 Section 1. Membership. 5 Section 2. Voting. 6 III III (a) Class "A" 6 (b) Class "B" 6 C Section 3. Neighborhoods 6 0 CL ARTICLE IV - Maintenance 7 Section 1. Association's Responsibility. 7 (a) Maintenance by Association. 7 Section 2. Owner's Responsibility. 8 Section 3. Master Association Rights to Cure 8 Section 4. Neighborhood's Responsibility. 8 Section 5. SWMS Maintenance Responsibility 9 Section 6. SWMS Enforcement 9 Section 7. SWMS Maintenance Easement 9 Section 8. Drainage 9 ARTICLE V - Insurance and Casualty Losses 9 Section 1. Association Insurance Coverage. 9 Section 2. Individual Coverage. 11 Section 3. Damage and Destruction. 11 Section 4. Disbursement ofProceeds. 12 Section 5. Repair and Reconstruction. 12 ARTICLE VI- No Partition 12 ARTICLE VII- Condemnation 12 ARTICLE VIII - Annexation of Additional Property 13 Section 1. Acquisition of Lands by Declarant. 13 Section 2. Effects of Addition of Property. 13 Section 3. Conveyance of Additional Common Area. 13 Section 4. Annexation of Additional Property by Association 13 Section 5. Amendment 14 ARTICLE IX - Rights and Obligations of the Association 14 Section 1. Common Area. 14 Section 2. Personal Property and Real Property for Common Area. 14 Section 3. Rules and Regulations 14 Section 4. Implied Rights. 14 Section 5. Governmental Interests. 14 II ARTICLE X - Assessments 14 Section 1. Creation of Assessments. 14 Section 2. Computation ofBase Assessment. 15 Section 3. Computation of Neighborhood Assessments. 16 Section 4. Special Assessments and Service Assessments 16 (a) Special Assessments 16 (b) Service Assessments 17 Section 5. Lien for Assessments. 17 Section 6. Reserve Budget and Capital Contribution. 17 Section 7. Date of Commencement of Assessments. 17 Section 8. Subordination of the Lien to First Mortgages 17 Section 9. Contributions to Working Capital 18 Section 10. Exempt Property. 18 ARTICLE XI- Architectural Standards 18 Section 1. New Construction Committee. 19 Section 2. Modifications Committee 19 Section 3. No Waiver of Future Approvals 19 Section 4. Variance 20 Section 5. Compliance. 20 ARTICLE XII- Use Restrictions 20 Section 1. Signs. 20 Section 2. Parking 20 Section 3. Prohibited Vehicles. 21 Section 4. Delivery and Service Vehicles. 21 Section 5. Occupants Bound. 21 Section 6. Animals and Pets. 21 Section 7. Annoyances. 21 Section 8. Unsightly or Unkempt Conditions. 21 Section 9. Antennas. 22 Section 10. Basketball Equipment, Clotheslines, Garbage Cans, Tanks, Etc. 22 Section 11. Subdivision of Unit and Time Sharing. 22 Section 12. Firearms. 22 Section 13. Pools, Spas 22 Section 14. Irrigation. 22 Section 15. Tents, Trailers and Temporary Structures. 23 Section 16. Drainage 23 Section 17. Tree Removal 23 Section 18. Sight Distance at Intersections. 23 Section 19. Utility Lines. 23 Section 20. Air Conditioning Units. 23 Section 21. Lighting. 23 Section 22. Exterior Sculpture and Similar Items. 23 Section 23. Energy Conservation Equipment. 23 Section 24. Wetlands, Lakes and Water Bodies. 23 Section 25. Playground. 23 Section 26. Fences. 23 Section 27. Business Use. 24 Section 28. On Site Fuel Storage. 24 Section 29. Storm Precautions. 24 Section 30. Play Equipment, Strollers, Etc. 24 Section 31. Window Coverings. 24 Section 32. Leasing 24 ARTICLE XIII- General Provisions 25 Section 1. Term. 25 Section 2. Amendment and Supplemental Declarations. 25 Section 3. Indemnification. 25 Section 4. Easements for Utilities, Etc. 25 Section 5. Cable Television 26 Section 6. Easement for GolfBalls. 27 Section 7. Severability. 27 Section 8. Right ofEntry 27 Section 9. Perpetuities 27 Section 10. Litigation. 27 Section 11. Cumulative Effect: Conflict. 27 Section 12. Use ofthe Phrase "Renar Golf Communities At LPGA International". 28 Section 13. Compliance. 28 Section 14. Security. 28 Section 15. Notice of Transfer of Unit. 28 Section 16. Dissolution of Association. 28 ARTICLE XIV - Mortgagee Provisions 29 Section 1. Notices of Action 29 Section 2. Special FliLMC Provision 29 Section 3. No Priority. 29 Section 4. Notice to Association. 29 Section 5. Amendment by Board. 29 Section 6. Applicability of Article XIV 30 Section 7. Failure of Mortgagee to Respond 30 ARTICLE XV - Declarant's Rights 30 ARTICLE XVI- Golf Course 30 Section 1. No Rights Conferred 30 Section 2. Golf Course Easement 31 iv Declaration Of Covenants, Conditions And Restrictions For Renar GolfConunanities AtLPGA International List ofExhibits Exhibit"A" Legal Description Exhibit "A-1" Neighborhood Descriptions Exhibit"B" Articles of Incorporation of Renar Golf Communities At LPGA International Homeowners' Association, Inc. Exhibit"C" Bylaws of Renar Golf Communities At LPGA International Homeowners' Association, Inc Prepared by/Return to: Kinsey Vincent Pyle, P.A. 150 South Palmetto Ave., Box A Post Office Box 1268 Daytona Beach,Florida 32115-1268 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RENAR GOLF COMMLINTTIES AT LPGA INTERNATIONAL øi THIS DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS is made this.% day of ,2001, by Renar Golf Communities H,LLC, a Delaware limited liability company (hereinafter referred to as "Declarant"). Declarant is the owner of the real property described in Exhibit"A" attached hereto and incorporated herein by reference, within the LPGA International DRI/PLTD. Declarant intends by this Declaration to impose upon the Properties (as defined herein) mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of real property within the Properties. This Declaration is designed to provide a flexible and reasonable procedure for the overall development ofthe Properties,and to establish a method for the administration, maintenance, preservation, use and enjoyment of such Properties as are now or hereafter subject to this Declaration. Declarant hereby declares that all ofthe property described in Exhibit"A" and any additional property which is hereafter subjected to this Declaration by Supplemental Declaration ("the Properties") shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements, which shall run with the real property subjected to this Declaration and which shall be binding on all parties having any right, title or interest in the Properties or any part thereof, and their heirs, successors, successors-in-title, and assigns, and shall inure to the benefit ofeach owner thereof. This Declaration does not and is not intended to create a condominium within the meaning of the Florida Condominium Act, Florida Statutes, Section 718.101, et seq. The scheme of covenants within the LPGA International Development contemplates, and the Master Declaration provides, that areas within the LPGA International Development, which includes the Properties subject to this Declaration,are subject to the Master Declaration,including certain required approvalsfrom the Master Architectural Review Committee("MARC"), and that the provisions of this Declaration shall control over the Master Declaration. To determine the effect ofthe Master Declaration upon the Properties subject to this Declaration and understand the interrelationship ofthe Master Declaration to this Declaration,Owners and Persons must examine and are hereby referred to Paragraph 2.8 of Article IT of the Master Declaration entitled "Relationship of Declarations" which sets forth the method for interpreting the application of the provisions of the different declarations. ALL OF THE PROPERTY SUBJECT TO THIS DECLARATION IS PART OF THE INDIGO COMMUNITY DEVELOPMENT DISTRICT, A SPECIAL TAXING DISTRICT AS MORE FULLY DESCRIBED IN THE MASTER DECLARATION. AS OF THE DATE OF MIS DECLARATION.THERE ARE CAPITAL ASSESSMENTS AND MAINTENANCE ASSESSMENTS AGAINST EACH UNIT SUBJECT TO THIS DECLARATION. All Properties subject to this Declaration are also subject to the Development Order and the Development Agreements as defined