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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
COLLIER CREEK ESTATES
Prepared by:
Warren W. Dill, P.A.
1515 U.S. Highway 1, Suite 201
Sebastian, FL 32958
TABLE OF CONTENTS
PAGE NUMBER
Article I - Purpose 1
Article II - Declaration 2
Article III - Definitions 2
Article IV - Property Rights 7
Article V - Membership in the Association; Voting
Rights; Compensation and Responsibility 16
Section 1 - Membership 17
Section 2 - Voting Rights 17
Section 3 - General Matters 18
Section 4 - Board of Directors Compensation 18
Article VI - Maintenance and Easements
18
Section 1 - Owner's Responsibility
18
Section 2 - Association's Responsibility
18
Section 3 - Swale Maintenance
19
Section 4 - Utility Easements
19
Section 5 - Ownership
21
Section 6 - Other Easements
22
Section 7- Conservation Easement Area
22
Section 8 - Easement for Access and Drainage
24
Section 9 - General
25
Article VII - Assessments
25
Section 1 - Purpose of Assessment
25
Section 2 - Creation of the Lien and Personal
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Obligation of Assessments
26
Section 3 - Computation of Budget
26
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Section 4 - Special Assessments
27
Section 5 - Lien for Fines and Assessments
27
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Section 6 - Effect of Nonpayment of Assessments,
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Late Charges and/or Fines; Remedies of
the Association
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Section 7 - Effect on Declarant
29
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Article VIII - Enforcement 30
Section 1 - Compliance by Owners 30
Section 2 - Enforcement 30
Section 3 - Fines and Suspension of Use
of Common Areas 31
Article IX - Phasing and Annexation
33
Article X - Property Subdivision Structures
34
Article XI - No Implied Water
34
Article XII - Modification and Amendment
35
Article XIII - Assignment by Declarant
35
Article XIV - Information and Financial Statement
36
Section 1 - Information
36
Section 2 - Financial Statement
36
Article XV - Contracts
36
Article XVI - General Provisions
36
Section 1 - Duration and Term
36
Section 2 - Amendments
37
Section 3 - Additional Remedies for Violation
37
Section 4 - Notice
38
Section 5 - Covenants Running with the Land
38
Section 6 - Dissolution of Association
39
Section 7 - Usage
39
Section 8 - Effective Date
40
Section 9 - Conflict
40
Section 10- Severability
40
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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
COLLIER CREEK ESTATES
This is a Declaration of Covenants, Conditions and Restrictions regulating and controlling the
use and development of real property, made effective this 2nd day of September , 1997, by
Adams & Associates Developers, Inc., a Florida Corporation, hereinafter referred to as "Declarant".
RECITALS
A Declaration of Restrictions for the Property was recorded in Official Records Book 389,
Page 160, of the Public Records of Indian River County, Florida, by General Development
Corporation. The Declarant intends that this Declaration of Covenants, Conditions and Restrictions
will supplement and be in addition to the previously recorded Declaration of Restrictions.
ARTICLE I
PURPOSE
Declarant is the owner of certain real property located in the City of Sebastian, Indian River
County, Florida, which property is more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, and which is sometimes referred to hereafter as "the Property".
The Property was previously platted as Sebastian Highlands Unit 16, it has now been platted as
Collier Creek Estates, Phase One, with the plat having been recorded in Plat Book A5 Page o
in the Public Records of Indian River County, Florida. This Declaration shall supplement and be in
addition to the Declaration of Restrictions recorded in Official Records Book 389, Page 160, of the
Public Records of Indian River County, Florida. The Declarant desires to provide a reasonable W
method for the administration, operation, maintenance and development of the Property. The C=)
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Declarant is adopting the following covenants, conditions and restrictions for the purpose of
Preserving and maintaining the natural character, value and desirability of the Property for the benefit
of all of the Owners of the Property or any part thereof, within Collier Creek Estates.
ARTICLE II
DECLARATION
Declarant hereby declares that the Property described in Exhibit "A" attached hereto, and any
part thereoty shall be held, owned, sold, conveyed, encumbered, leased, used, occupied and developed
subject to the following covenants, conditions, restrictions and agreements, which are sometimes
referred to hereafter as "the Covenants". All of the Covenants are intended to be and shall be taken
as consideration for any Agreement for Deed or any Deed of conveyance hereafter made. The
Covenants shall run with the Property and any Lot thereof, and shall be binding upon all parties
having or acquiring any legal or equitable right, title or interest in the Property or any part thereof,
their heirs, successors, successor -in -title and assigns, and shall inure to the benefit of all of the
Owners of the Property or any part thereof.
ARTICLE III
DEFINITIONS
The following terms and phrases used in these Covenants shall be defined as follows:
(a) "Association" means the Collier Creek Estates Homeowners' Association, Inc., a v
Florida not for profit corporation.
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(b) "Board" means the Board of Directors of the Association. Ca
(c) "City" means the City of Sebastian, Florida, a municipal corporation organized under
the laws of the State of Florida, or any successor entity.
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(d)
(e)
(g)
"Common Area(s)" means the property as shown on the Plat, including but not limited
to: i) any area labeled as a Tract and ii) Stormwater Management Tracts, as depicted
upon the Plat. All property designated as Common Area, Tracts or Stormwater
Management Tracts in any future Plat for the Property and/or supplemental
Declaration recorded in the Public Records of Indian River County, Florida shall be
included with the Common Areas. Use of the Common Area(s) is limited to those
Lot Owners that are contiguous to the Common Area(s). All other Lot Owners are
excluded from using the Common Area(s).
"Conservation Easement Area(s)" means the area depicted upon a Plat(s) and
described under the Certificate of Dedication on the Plat. All property designated as
Conservation Easement Area in any future Plat for the Property and/or supplemental
Declaration recorded in the Public Records of Indian River County shall be included
within the Conservation Easement Areas.
"Covenants" or "Declaration" means this Declaration of Covenants, Conditions and
Restrictions.
"Declarant" or "Developer" means Adams & Associates Developers, Inc., a Florida
Corporation, its successors and such of its assigns as to which the rights of Developer
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hereunder are specifically assigned by written instrument recorded in the Public
Records of Indian River County, Florida. The Developer may assign only a portion
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of its rights, hereunder, or all or a portion of such rights in connection with p
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appropriate portions of the Property. In the event of such a partial assignment of its —'
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rights, the assignee shall not be deemed the Developer, but may exercise such rights
(h)
(i)
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(k)
of Developer specifically assigned to it. Any such assignment may be made on a non-
exclusive basis. A Lot purchaser, Lot Owner or a Lot mortgagee shall not be deemed
to be the Developer by the mere act of purchase or mortgage of a Lot.
"Development" means any alteration of the natural land surface, including vegetation,
and all buildings, fences, structures, or other site improvements, placed on the
Property/Lot to accommodate the use of a Lot.
"Easement" or" Easements" means that portion of the Property including Lots or
portions thereof, which have heretofore or which may hereafter be set aside by the
Declarant for the limited or common use of the Declarant, Owners, their invitees,
guests, successors or assigns for ingress, egress, utilities, cable television, water,
sewer, lighting, drainage, or otherwise and for all purposes related to Collier Creek
Estates or as may be indicated on any plat filed among the Public Records of Indian
River County, Florida.
"Entitled to Vote" means that Lot Owner entitled to a vote for a Lot at an Association
meeting. If more than one person or legal entity shall own a Lot, the Owners thereof
shall determine among themselves who shall be the Member Entitled To Vote. Said
determination shall be manifested upon a voting certificate, signed by all Owners of
said Lot, and given to the Association Secretary for placement in the Association
records. Notwithstanding anything contained herein, all Lot Owners whether Entitled
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To Vote or not are assured of all other privileges, rights and obligations of
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Association membership and shall be Members of the Association. W
"Family" means any number of individuals, related by blood, marriage or adoption, or �" 3
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(1)
(m)
(n)
(0)
up to four (4) individuals not so related living together as a single house -keeping unit,
and utilizing common kitchen facilities within the dwelling.
"Institutional Lender" means and refers to a bank, savings and loan association,
insurance company, mortgage company, real estate investment trust, pension fund,
pension trust, or any other generally recognized institutional -type lender or its loan
correspondent, the Federal Home Loan Mortgage Corporation (FBLMC), the Federal
National Mortgage Association (FNMA), or any agency of the United States
Government or any lender providing funds to the Developer for the purpose of
constructing improvements upon the Property (and such lender's successors and
assigns) or any other lender approved by the Association Board as an "Institutional
Lender".
"Lot" means any Lot on the Plat (excluding Tracts) or portions of the Property, or by
any other recorded plat to be subject to this Declaration (and to the extent the
Developer is not the Owner thereof, then designated by the Developer joined by the
Owner thereof), any Lot shown upon any resubdivision of any such Plat, and any
other property hereafter declared as a Lot by the Developer and thereby made subject
to this Declaration. To the extent the Developer is not the Owner thereof, then such
declaration shall be made by the Developer joined by the Owner thereof.
"Member" means and refers to all those Owners who are Members of the Association
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as provided in Article V hereof. CD
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"Nuisance" means any activity which arises from unreasonable, unwarranted or „r"
unlawful use by a person of his own property, working obstruction or injury to the
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rights of another, or to the public, and producing such material annoyance,
inconvenience and discomfort that law will presume resulting damage; that which
annoys and disturbs one in possession of his property, rendering its ordinary use or
occupation physically uncomfortable to him, especially a continuing or repeated
invasion or disturbance; any smoke, odors, noise (including continuously barking
dogs), vibration or any debris, garbage, junk, trash, weeds, unserviceable vehicles,
or any other substance or material which, by nature of its location, is considered a
health or safety hazard, and/or which is considered obnoxious and offensive to the
general public.
(p) "Owner" means the record owner whether one or more persons or entities, of the fee
simple title to any Lot situated upon the Property, but excluding anyone having
interest in a Lot as security for the performance of an obligation. Owner shall include
Declarant as to each and every Lot owned by Declarant.
(q) "Plat" means the plat of Collier Creek Estates, recorded in Plat Book & Page l�
Public Records of Indian River County, Florida, together with any plat of additional
land made subject to this Declaration and to the jurisdiction of the Association.
(r) "Principal Residence" means the single family residential structure, constructed on any oM
Lot on the Property, which is the principal use of such Lot and to which other
authorized structures on such Lot are accessory.
(s) "Property" means the real property described in Exhibit "A" attached hereto and made
a part hereof, and such additions thereto as may hereafter be made subject to this u'
Declaration and brought within the jurisdiction of the Association.
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(t) "Street" means a public or private right-of-way which provides vehicular traffic access
between certain points and which also may provide space for the location of utilities.
(u) "Structure" means anything built or placed on or below the ground, including but not
limited to buildings, dwellings and fencing.
(v) "Subdivision" means Collier Creek Estates.
(w) "Surface Water or Stormwater Management System" means a system which is
designed and constructed or implemented to control discharges which are necessitated
by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit,
treat, use or reuse water to prevent or reduce flooding, over drainage, environmental
degradation, and water pollution or otherwise affect the quantity and quality of
discharges, as permitted pursuant to Chapter 40C-4, 40C-40 or 40C-42, Florida
Administrative Code. All drainage easements located on the Property are declared
to be a part of the Surface Water or Stormwater Management System.
ARTICLE IV
PROPERTY RIGHTS
Development and Use of Restrictions. The development and use of all Lots shall conform to the
following requirements:
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(a) Provisions in Addition to The City of Sebastian Regulations. Conformity with any
and all applicable land use regulations of the City or any other regulatory agency
having jurisdiction over the Property shall be required, in addition to the requirements
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of these Covenants. In case of any conflict, the more stringent or restrictive —.
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requirer_:ents shall govern.
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(b)
(c)
(d)
Authorized Use. Only single family residential use shall be permitted. No more than
one "family" shall occupy a residence on a Lot. No business or commercial buildings
may be erected on any Lot and no business, including garage sales, may be conducted
on any part thereof. The above notwithstanding Owners may have up to two (2)
garage sales per year, with a maximum of two (2) days allowed for each sale. The
Developer shall have the right to construct a single family home(s) and use it (them)
for a sales model/sales office for as long as it owns a Lot within the Subdivision.
Prohibited Uses. No commercial, industrial or other non -single family residential use
shall be permitted, except all uses for which a Home Occupation License is issued by
the City of Sebastian, shall be permitted. No time sharing, interval ownership, or
other similar division of the fee simple ownership of any Lot or any single family
dwelling erected thereon shall be permitted. However, this provision shall not prevent
the leasing of any single family dwelling to a tenant for normal single family residential
purposes. No oil drilling, oil development operation, oil refining, quarrying or mining
operation of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks,
tunnels, mineral excavation or shafts be permitted upon or in any Lot. No derrick or
other structure designed for use in boring for oil or natural gas shall be erected,
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maintained or permitted upon any Lot.
Authorized Structures. No building or other structure shall be constructed, placed or v
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maintained on any Lot, except one single family residence and a garage which shall
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be required to accommodate a minimum of two (2) vehicles. All garages shall be at
least 20 feet wide by 22 feet deep. Carports shall not be permitted. No garage may
(e)
be enclosed or converted to any other use. No garage may have more than three (3)
doors for vehicles to enter the garage. All garages must have doors that are to be
maintained in a useful condition. Gazebos and pavilions may be constructed for
recreational purposes in the rear yard area of a Lot. The above notwithstanding, a
Structure may be constructed in the rear yard behind the Principal Residence for the
storing of recreational Vehicles (RV's), tent trailers, boats and campers, provided that
such Structure and stored items are not visible from the Street and further provided
that such structure does not exceed 20 feet in height.
Construction. No used materials shall be permitted in the construction of any
Structure. All construction shall be completed within one year from the
commencement date of construction. The color of external materials will be generally
subdued to blend with the colors of the natural landscape. Earth tones, generally
muted, are recommended, although occasionally accent colors used judiciously and
with restraint may be permitted. Exterior surfaces will be materials that blend with
and are compatible with the natural landscape. All roofs shall be constructed of one
of the following: architectural type roofing three (3) dimensional type shingles or
their equivalent, cedar shakes, cement tile, tin or its equivalent. The roof pitch for any
building Structure shall be at least 5 feet in 12 feet but no greater than 6 feet in 12 a
feet.
Height Limitations, Setbacks, Floor Area Requirements. No structure shall be greater -p
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than two stories in height. No single story structure shall exceed 25 feet in height and OW
no two story structure shall exceed 30 feet in height. All structures shall be setback CO
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(g)
(h)
(i)
(1) a minimum of thirty-five (3 5) feet from the front Lot line (the line abutting the
Street right of way, (2) a minimum of ten (10) feet from the side Lot line, (3) a
minimum of twenty (20) feet from the rear Lot line and (4) a minimum of thirty-five
(35) feet from the side Lot (street) line on corner Lots. If the dwelling structure is a
one-story building, the ground floor area, exclusive of garage, porches, terraces or
unroofed areas, shall not be less than 1600 square feet; and if it is a two story dwelling
structure, it shall have a minimum ground or first floor of 1200 square feet, with a
2,000 square foot minimum total for both floors, exclusive of garage, porches,
terraces or unroofed areas. No exterior stairways shall be permitted.
Fences. Any fences shall be of an attractive and decorative character. Chain link or
like style and type of fences are prohibited. Fences may be located only in the rear of
a Lot and along the side Lot lines, but shall not extend into the front yard setback area
or beyond the front of the Principal Residence.
Utilities. Electrical, telephone and any other utility lines serving the Subdivision, shall
be installed underground, unless the utility provider requires them to be above ground.
Connections to any utility line, including cable TV, from any Structure shall be
completed at the Lot Owner's expense, and shall be installed underground. Television
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or radio antenna, satellite dishes/discs, masts or similar items are permitted, provided
that they are screened from view, to the extent reasonably possible, from the Street
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or other Lots. CD
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Prohibited Items and Structures. No trailer home (trailer), mobile home, camper,
boat, recreational vehicle (RV), or any other vehicle or item of a mobile nature, shall
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be used within the Property as a place of residence or habitation, either temporarily
or permanently or parked on the Street providing access to the Lots. No garage or
outbuilding or any other similar Structure within the Property shall be used as a place
of residence or habitation, either temporarily or permanently. A -Frame, dome shaped
or similar Structures are prohibited within the Property. All forms of sheds, shacks
or any other Structure of a temporary or insubstantial nature are prohibited within the
Property. The above notwithstanding, construction trailers or sheds that are
customarily employed by contractors for and during the construction of improvements
on a Lot, shall be permitted, but only while active and continuous construction is
taking place on the Lot. The term "trailer home" or "mobile home" as used herein
shall mean any building or structure with wheels and/or axles and any vehicle, used
at any time, or constructed so as to permit its being used for the transport thereof
upon the public streets or highways and constructed in a manner as to permit
occupancy thereof as a dwelling or sleeping place for one or more persons, and shall
also mean any such building, structure or vehicle, whether or not wheels and/or axles
of a permanent or temporary nature have been removed, after such building, structure
or vehicle has been placed either temporarily or permanently upon a foundation.
Campers, trailers, recreational vehicle campers (RV), tent trailers and boats, that are ---
within the City standards for length may be stored on a Lot, but only at the rear or +'
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side of the Principal Residence upon the following conditions: C=
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1. No such item shall be permitted within the front yard or side yard C
setback areas, as these areas are established in the City's Land
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Development Code on the date this Declaration is recorded.
2. No such item shall be visible from the Street.
3. All such items shall bear a current State registration or inspection tag.
All of the above notwithstanding, during the development of the Property by the
Declarant, outside storage areas, storage garages, millwork shops, construction
trailers or sales offices being used by the Declarant may remain on the Property until
all improvements for the Subdivision and all construction within the Subdivision has
been completed.
Maintenance. Each Lot and all improvements thereon shall be maintained in a clean,
safe and sightly condition. Boats, vehicles (other than automobiles), recreational
vehicles OM, campers (whether or not on a truck), tent trailers and garden, yard and
maintenance equipment shall be kept at all times, except when in actual use,
completely screened from view from the Street and other Lots. No junk or
inoperative cars or trucks shall be parked or stored on any Lot. Refuse, garbage and
trash shall be kept at all times in complete conformity with sanitary regulations, in a
covered container, and any such container shall be kept within an enclosed Structure
or appropriately screened so as not to be visible from the Street or adjoining Lots, CD
except when placed on the Street for collection; however, refuse, garbage and trash _
shall not be placed on the Street for collection any earlier than twenty-four (24) hours
before the regularly scheduled collection time. No lumber, grass, shrub or tree C
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clippings, plant waste, metals, bulk materials or scraps or refuse or trash shall be kept, N_
stored or allowed to accumulate on any Lot. Outside burning of leaves, trash or
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debris is prohibited.
(k) Animals. No domestic animals or fowl shall be maintained on any Lot other than not
more than two dogs, two cats and pet birds, provided, however, that such animals
shall at all times be restrained or leashed. Dog and cat Owners walking/exercising
their pets must carry pooper-scoopers and close -able containers to immediately clean-
up after their pets if they defecate within the Subdivision on any Property other than
the Owner's Lot. The animals permitted shall not be kept for any commercial use or
purpose. Barn yard and ferae naturae (wild) animals of any type shall not be permitted
to be kept or maintained. Upon any violation of these provisions or other nuisance
happening involving an Owner, lessee or guest's animals, any one Lot Owner shall
have the right to demand immediate removal of the animal(s) from the Property. Any
dog that barks continuously from time to time shall be considered a nuisance and may
be removed from the Property through any action deemed appropriate.
(1) Signs. No signs or advertising devices shall be erected, displayed or maintained on
any Lot. This provision shall not prohibit "For Sale" signs on Lots improved or
unimproved provided the size of the sign does not exceed a maximum size of three
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square feet (1.5 feet by 2 feet).
(m) Clotheslines. Outside clotheslines or drying stands shall be located so as not to be
visible from any Street serving the Property or from other Lots.
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(n) Noxious or Offensive Activities, Lighting, Noise. No noxious or offensive activity w
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(Nuisance) shall be permitted on any Lot. No light shall be emitted from any Lot N
which is unreasonably bright or causes unreasonable glare for any other Lot owner.
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(o)
(P)
(q)
(r)
(s)
(t)
(u)
All external lights shall be residential in character. No unreasonably loud or annoying
noises, or noxious or offensive odors shall be emitted beyond the Lot lines of any Lot.
Solar Collectors. Solar collectors shall be located on the solar user's Lot so as not to
be seen from the Street and so as not to unreasonably or unnecessarily restrict or
interfere with the use of other Lots within the Property.
Parking. No vehicles may park on the Street or in the road right-of-way.
Landscape. No artificial grass, plants or other artificial vegetation shall be placed or
maintained upon the exterior portion of any Lot. Upon the construction of any
dwelling Structure on a Lot, the entire Lot, excluding areas where a Structure is
located, shall be completely landscaped. All landscaping shall be properly watered
and cared for to ensure a healthy yard.
Nuisance. Nothing shall be done or maintained on any Lot which may be or become
an annoyance or Nuisance to the neighborhood.
Boarding Up. There shall be no "boarding up" of the Principal Residence in excess
of sixty (60) days within any twelve (12) month period. There shall be allowed storm
protection only in the event of and during the period of time a storm is likely to cause
damage to the Principal Residence.
Air Conditioning Units. No window or wall air conditioning units shall be permitted.
All exterior pumps, motors, compressors, tanks, or similar mechanical devices shall
be properly screened from view so as not to be visible from any Street serving the
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Property or from other Lots. C :
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Motorcvcles. Motorcycles, mopeds, go carts or other two or three wheel motorized
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(v)
(w)
(x)
vehicles shall be permitted on the Property, but only for going to or from the Lot and
only if they are stored in a garage and out of view from the Street and other Lots
while not in use.
Easements. Easements for the installation and maintenance of public utilities,
including cable TV and drainage facilities are reserved on the plat for the Property.
Within these easement areas, no structure, planting or other material shall be placed
or permitted to remain which may damage, impair or interfere with the installation and
maintenance of the utilities and/or drainage facilities. The easement area on a Lot
shall be maintained continuously by the Lot Owner, so that it will serve its intended
purpose, except for those improvements within the easement area for which a public
authority or utility company is responsible.
Sideways. All Lot Owners owning Lots contiguous with the Southern right-of-way
line of Fleming Street and the Easterly right-of-way line of Easy Street are required
to construct, at their expense, a sidewalk four (4) feet in width in the right-of-way of
said street, in the location and to the standards required by the City of Sebastian,
along the entire length of the Lot, before a Certificate of Occupancy is obtained for
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the Principal Residence on the Lot.
Water Service. The City of Sebastian has entered into an agreement with Indian River 1t
County for the County to provide potable water service within the City. At such time �
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as Indian River County elects to include this Property within its water system, the W
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County has the legal right to implement a water lien assessment program which will
require each Lot Owner to pay for the cost incurred to run water lines to and along
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(y)
each Lot. At this time, there is no public water service to the Lots. Therefore, all Lot
Owners will be required to construct a water well in order to provide water for each
Lot.
Building Contractors. All building contractors shall be quality custom builders,
licensed by the State of Florida to build in the City of Sebastian. The contractor shall
be one from a fist currently qualified by the Association or its designee and who shall
have met specific requirements as established by the Association or its designee. All
Lot Owners, however, have the sole responsibility for the financial reliability and
trust -worthiness of the contractor finally selected and the Association's qualification
of the contractor shall impose no liability or obligation on the Association or its
designee. The above notwithstanding, an individual Owner of a Lot shall be entitled
to construct any Structure on their Lot without having to hire a building contractor
licensed by the State of Florida, provided the Owner obtains an "owner builder"
permit for the construction of the Structure from the City of Sebastian or other
governmental body having jurisdiction over the construction and assumes full
responsibility for the construction of the Structure and further provided that all sub-
contractors of the Owner are licensed in their trade to work within the City of
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Sebastian or other governmental body having jurisdiction over the construction of the
Structure.
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ARTICLE V
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MEMBERSHIP IN THE ASSOC_I_ATION, VOTING RIGHTS: N
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COMPENSATION AND RESPONSIBILITY
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Section 1. Membership. Every person or entity who is a record Owner of a fee or undivided
fee interest in any Lot shall be a Member of the Association. Notwithstanding anything else to the
contrary set forth in this Section 1, any such person or entity who holds such interest merely as
security for the performance of an obligation shall not be a Member of the Association. Membership
in the Association shall be appurtenant to each Lot and may not be separated from ownership of said
Lot. The record title holder to each Lot shall automatically become a Member of the Association and
shall be assured of all rights and privileges thereof upon presentation of a photographically or
otherwise reproduced copy of said Owner's deed recorded in the Public Records of Indian River
County, Florida to the Association Secretary for placement in the records of the Association. To the
extent that said deed shall pass title to a new Lot Owner from an existing Lot Owner, membership
in the Association shall be transferred from the existing Lot Owner to the new Lot Owner.
Section 2. Votinghts. The Association shall have two (2) classes of voting membership:
Class A Class A Members shall be all those Owners as defined in Section 1 with the
exception of the Developer (as long as the Class B Membership shall exist, and thereafter, the
Developer shall be a Class A Member to the extent it would otherwise qualify). Except as
provided below, Class A Members shall be entitled to one (1) vote for each Lot in which they
hold the interests required for membership by Section 1. When more than one person holds
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such interest or interests in any Lot, all such persons shall be Members but the vote for such
Lot shall be exercised only by that one person who is Entitled To Vote. In no event shall
more than one vote be cast with respect to any such Lot.
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Class B. The Class B Member shall be the Developer. The Class B Member shall be w
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entitled to one (1) vote, plus two (2) votes (for a total of three (3) votes) for each Lot owned
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by the Developer. The Class B Membership shall cease and terminate: 1) at such time as 75%
of all Lots to be ultimately subject (including future phases) to Association membership within
the Property have been sold and conveyed by the Developer; or 2) fifteen (15) years from the
date of the first conveyance by Developer of a Lot; or 3) sooner at the election of the
Developer, whichever event shall first occur, whereupon the Class A Members shall be
obligated to elect the Board and assume control of the Association. Upon termination of the
Class B Membership as provided for herein, the Class B Membership shall convert to Class
A Membership with voting strength as set forth above for Class A Membership.
Section 3. General Matters. When reference is made herein, or in the Association Articles of
Incorporation or By -Laws, Rules and Regulations, management contracts or otherwise, to a majority
or specific percentage of Members, such reference shall be deemed to be reference to a majority or
specific percentage of the votes of Members Entitled To Vote and not of the Members themselves.
Section 4. Board of Directors Compensation. No member of the Board of Directors of the
Association shall receive any compensation for services rendered in such capacity.
ARTICLE VI
MAINTENANCE AND EASEMENTS
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Section 1. Owner's Resnonsibilitx. All maintenance of the Lot shall be the responsibility of z
the Owner of such Lot. Each Owner shall maintain in good repair and appearance all improvements
and landscaping within !us Lot and any easement or drainage areas located therein.
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Section 2. Association's Responsibility. The Association shall be responsible for the
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maintenance, operation and repair of the Common Areas, and the Surface Water or Stormwater
Management System. Maintenance of the Surface Water or Stormwater Management System(s) shall
18
mean the exercise of practices which allow the systems to provide drainage, water storage,
conveyance or other surface water or stormwater management capabilities as permitted by the St.
Johns River Water Management District. Any repair or reconstruction of the Surface Water or
Stormwater Management System shall be as permitted or, if modified, as approved by the St. Johns
River Water Management District.
Section 3. Swale Maintenance. Drainage Swales may be requested by the City of Sebastian,
to be constructed upon each Lot for the purpose of managing and containing the flow of excess
surface water, if any, found upon such Lot from time to time. Each Lot Owner, shall be responsible
for the construction, maintenance, operation and repair of the swales on the Lot. Maintenance,
operation and repair shall mean the exercise of practices, such as mowing and erosion repair, which
allow the swales to provide drainage, water storage, conveyance or other Stormwater Management
capabilities as permitted for the Subdivision by the St. Johns River Water Management District.
Filling, excavation, construction of fences or otherwise obstructing the surface water flow in the
swales is prohibited. No alteration of the Drainage Swale, as required by the City of Sebastian, shall
be authorized and any damage to any Drainage Swale, whether caused by natural or human -induced
phenomena, shall be repaired and the Drainage Swale returned to its former condition as soon as
possible by the Owner(s) of the Lot(s) upon which the Drainage Swale is located.
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Section 4. Utility Easements. The Declarant (during any period that the Declarant shall own
at lease one (1) Lot) and the Association shall have the right to grant permits, licenses, and easements
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over the Common Areas for utilities including but not limited to maintenance or operation of the p
Property. Use of the Common Areas for utilities, as well as use of the other utility
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easements as shown on the Plat, shall be in accordance with the applicable provisions of this
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Declaration. Perpetual, nonexclusive easements are reserved over, under, and across the Common
Areas to the Declarant and the Association, or such utility, security, and cable television companies
to which the Declarant or Association may convey easement rights, for and on behalf of the
Declarant, the Association, and the grantee utility companies, as may be required for the entrance
upon, construction, connection to, disconnection from, replacement of, maintenance, and operation
of utility services, Surface and Stormwater Management and drainage facilities, cable television
system, security, and such other equipment as may be required to adequately serve the Property, any
other lands subject to ownership by the Association or the Declarant, it being expressly agreed that
the Declarant and any of its successors or assigns, the Association, utility companies and any other
person benefitted hereby making the entry shall restore the property as nearly as practicable to the
condition which existed prior to commencement of construction of such utility or Stormwater
Management and drainage facilities. An easement is reserved over, under, and across each of the
Lots for the placement and operation of electric utility meters and lines connected to the meters
serving any and all Lots upon the Property, all of which Lots are depicted upon the Plat. The
easements herein reserved shall include, but shall not be limited to, an easement for purposes of
construction, maintenance, restoration, connection to or disconnection from and when appropriate,
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deactivation of such utilities, security, or cable television within the Common Areas. In addition, �D
easements are reserved to the Association and the Declarant, and may be created from time to time
by the Declarant during any period that the Declarant shall own at least one (1) Lot, for such further
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utility,egress, ingress, or drainage easements over and across the Property w
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ttime to time to serve any other or additional lands during the course of development of same, whether
such additional lands become subject to the jurisdiction of the Association and part of the Property
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or not. Regarding any easement conveyed by the Declarant, the joinder of the Association or any Lot
Owner or Lot Owner's mortgagee shall not be required.
Section 5. Ownership. As shown on the Plat, the Common Areas are hereby dedicated free
and clear of all liens, non -exclusively to the Association. It is intended that all real estate taxes, if
any, assessed against that portion of the Common Areas owned or to be owned by the Association
shall be proportionally assessed against and payable as part of the taxes of the applicable Lots within
the Property. However, in the event that, notwithstanding the foregoing, any such taxes are assessed
directly against the Common Areas, the Association shall be responsible for the payment of the same,
including taxes on any improvements and any personal property located thereon, which taxes accrue
from and after the date these covenants are recorded. The Declarant shall have the right from time
to time to enter upon the Common Areas and other portions of the Property for the purpose of
construction, reconstruction, repair, connection to, disconnection from, replacement and/or alteration
of any improvements or facilities on the Common Areas or elsewhere on the Property that Declarant
elects to effect, and to use the Common Areas and other portions of the Property for sales, displays
and signs or for any other purpose during the period of construction or sale of any portion of the
Property. Without limiting the generality of the foregoing, the Declarant shall have the specific right
to maintain upon any portion of the Property sales, administrative, construction or other offices c
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without charge, and appropriate easements of access and use are expressly reserved unto the _.._
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Declarant and its successors, assigns, employees and contractors, for this purpose. Any obligation
to complete portions of the Common Areas shall, at all times, be subject and subordinate to these
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rights and easements and to the above -referenced activities. Accordingly the Declarant shall not be C
liable for delays in such completion to the extent resulting from the above -referenced activities. The
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Common Areas cannot be mortgaged.
Section 6. Other Easements.
(a) Easements are reserved over each Lot and the Common Areas in favor of each
other Lot and the Common Areas, in order to permit drainage and run-off from one Lot (and
its improvements) to another or to the Common Areas or from the Common Areas to any
Lots(s).
(b) The Declarant, during any period in which there are any unsold Lots on the
Property as now or hereafter defined, and thereafter the Association, each shall have the right
to grant such additional electric, reclaimed water, sewer, water, security, telephone, gas, cable
television or other utility easements, and to relocate any existing easements in any portion of
the Property, and to grant access easements and relocate any existing access easements in any
portion of the Property, as the Declarant or the Association shall deem necessary or desirable
for the proper operation and maintenance of the Property of, or for the general health or
welfare of the Lot Owners, or for the purpose of carrying out any provisions of this
Declaration; provided, that such easements or the relocation of existing easements will not
prevent or unreasonably interfere with the use of the Lots for their intended purposes. The
joinder of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required
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in the event the Declarant declares an additional easement pursuant to the provisions hereof.
Section 7. Conservation Easement Area. The Conservation Easement Area shall and is _
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hereby declared to be subject to a Conservation Deed Restriction in favor of the Association, for the p
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purpose of retaining and maintaining the Conservation Easement Areas in their predominantly natural
condition as a wooded water recharge, detention, percolation and environmental conservation area.
1717
The following prohibitions and restrictions upon the Conservation Easement Areas as set forth in this
paragraph may be enforced by the Association Board, Developer, St. Johns River Water Management
District or the Department of Environmental Protection by proceedings at law or in equity including,
without limitation, actions for injunctive relief. In furtherance of this Conservation Deed Restriction,
all the following uses of the Conservation Easement Areas are hereby prohibited and restricted
without the prior written consent of the St. Johns River Water Management District, to wit:
(a) The construction, installation or placement of buildings, fences, walls, roads,
signs, billboards or other advertising, utilities or any other structures and improvements on
or above the ground;
(b) The dumping or placing of soil or other substances or materials as landfill or
the dumping or placing of trash, waste or unsightly or offensive materials;
(c) The removal or destruction or trees, shrubs or other vegetation;
(d) The excavation, dredging or removal of loam, peat, gravel, rock, soil, or other
material substance in such a manner as to affect the surface;
(e) Surface use, except for purposes that permit the land or water area to remain
in predominantly its natural condition;
(f) Activities detrimental to drainage, flood control, water conservation, erosion
0
control, soil conservation, or fish and wildlife habitat preservation; and
(g) Acts or uses detrimental to such retention of land or water areas. �!
The Conservation Easement Area hereby created is declared to be perpetual. The M
Association, Developer or St. Johns River Water Management District or the Department of
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Environmental Protection, their successors or assigns, shall have the right to enter upon the
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Conservation Easement Area at all reasonable times and in a reasonable manner, to assure compliance
with the aforesaid prohibitions and restrictions. The Owners of the Lots which contain the
Conservation Easement Area shall be responsible for the periodic removal of trash and other debris
which may accumulate on such Conservation Easement Area. If the Lot Owners do not remove any
accumulated trash or other debris from the Conservation Easement Area, the Association shall be
responsible for removing the trash or other debris and assess the Lot Owner for all maintenance and
enforcement costs. The provisions of this Conservation Easement Area restriction may not be
amended without prior approval from the St. Johns River Water Management District.
All rights and obligations arising hereunder are appurtenances and covenants running with the
land of the Conservation Easement Area, and shall be binding upon and shall inure to the benefit of
the Association and its successors and assigns. Upon conveyance by the Developer to third parties
of any land affected hereby, the Developer shall have no further liability or responsibility hereunder;
provided, this Declaration, which contains the deed restriction covering the Conservation Easement
Areas, is properly recorded.
Section 8. Easement for Access and Drainage.
(a) The Association shall have a perpetual non-exclusive easement over all areas of the
Surface Water or Stormwater Management System for access to operate, maintain or
repair the System. By this easement, the Association shall have the right to enter
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upon any portion of any Lot which is a part of the Surface Water or Stormwater
Management System, at a reasonable time and in a reasonable manner, to operate, �J
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maintain or repair the Surface Water or Stormwater Management System as required
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by the St. Johns River Water Management District permit. Additionally, the C+J
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Association shall have a perpetual non-exclusive easement for drainage over the entire
Surface Water or Stormwater Management System. No person shall alter the
drainage flow of the Surface Water or Stormwater Management System, including
buffer areas or swales, without the prior written approval of the St. Johns River Water
Management District.
(b) The City, at its option, shall have the same rights as the Association, to operate,
maintain or repair the Surface Water or Stormwater Management System, as provided
in Subsection 8 (a) above, together with an easement for access over and across all
portions of the Property as necessary to carry out the purposes of this provision.
Section 9. General. All easements, of whatever kind or character, whether heretofore or
hereafter created, shall constitute a covenant running with the land and, notwithstanding any other
provisions of this Declaration, may not be substantially amended or revoked in a way which would
unreasonably interfere with its proper and intended use and purpose. The Lot Owners do hereby
designate the Declarant and/or the Association as their lawful attorneys -in -fact to execute any and
all instruments on their behalf for the purpose of creating all such easements as are contemplated by
the provisions hereof.
ARTICLE VII
ASSESSMENTS
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Section 1. Purpose of Assessment. The assessments for the Association shall be used for the --�
general purposes of promoting the health, safety, welfare, common benefit and enjoyment of the Lot
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Owners and maintaining the Common Areas and other areas of the Property, all as may be more p
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specifically authorized from time to time by the Board. Assessments shall also be used for the
maintenance and repair of the Surface Water or Stormwater Management Systems including but not
limited to work within retention areas, drainage structures and drainage easements.
Section 2. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any
Lot by acceptance of a Deed therefor, whether or not it shall be so expressed in such Deed, is deemed
to covenant and agree to pay to the Association: (a) annual assessments or charges, (b) specific
assessments, such assessments to be established and collected as hereinafter provided, and (c)
specific assessments against any particular Lot which are established pursuant to the terms of these
Covenants, including but not limited to reasonable fines as may be imposed in accordance with other
Articles or Sections herein. All such fines or assessments, together with interest at the highest rate
allowable under the laws of the State of Florida from time to time, costs and reasonable attorneys'
fees, shall be a charge (lien) on the land (Lot) and shall be a continuing lien upon the Lot against
which such fines or assessments are made. Each such fine or assessment, together with interest, costs
and reasonable attomeys' fees, shall also be the personal obligation of the person who was the Owner
of such Lot at the time the fine or assessment was imposed. Each Owner shall be liable for his or her
portion of each fine or assessment coming due while he or she is the Owner of a Lot, and his or her
grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the Q)
time of conveyance. Assessments shall be paid in such manner and on such dates as may be fixed by _.
the Board.
Section 3. Comuutation ofBudget. It shall be the duty of the Board, at least thirty (30) days o
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prior to the Association's Annual Meeting, to prepare a budget covering the estimated costs of C n
operating the Association during the coming year which may include a capital contribution or reserve
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in accordance with a capital budget separately prepared. The Board shall cause the budget, and the
assessments to be levied against each Lot for the following year, to be delivered to each member at
least ten (10) days prior to the meeting. The budget and the assessments shall become effective at
the annual meeting by a vote as may be required by the Articles of Incorporation or By -Laws of the
Association; provided, however, that in the event the membership disapproves the proposed budget
or the Board fails for any reason to determine the budget for the succeeding year, then and until such
time as a budget shall have been determined as provided herein, the budget in effect for the then
current year shall continue for the succeeding year.
Section 4. Suecial Assessments. In addition to the annual assessment authorized above, the
Association may levy, in any assessment year, a special assessment, applicable to that year only,
provided that any such assessment shall have the assent of voters as may be required by the Articles
of Incorporation or By -Laws of the Association; provided, however, that the Board may make such
special assessments payable in installments over a period which may, in the Board's discretion, extend
in excess of the year end in which adopted.
Section 5. Lien for Fines and Assessments. All sums fined or assessed against any Lot
pursuant to these Covbnants, together with interest, costs and attomeys' fees as provided herein, shall
be secured by alien on such Lot in favor of the Association. Such lien shall be superior to all other
liens and encumbrances on such Lot except that it shall be subordinate to tax liens and to the lien of
any first mortgage to any Institutional Lender which is now or hereafter placed upon any Lot;
provided, however, that any such mortgage when in possession of any receiver, and in the event of
a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu
of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall hold
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8
title subject only to the liability and lien of any assessment coming due after such foreclosure (or
conveyance in lieu of foreclosure). Upon an Institutional Lender, receiver, or other person, holding
a first mortgage acquiring title by a deed in lieu of foreclosure to a Lot, the Association shall release
its lien for unpaid assessments accruing prior to the date that said Institutional Lender, receiver, or
other person acquired title to said Lot. Any unpaid assessment which cannot be collected as alien
against any Lot by reason of the provisions of this Section shall be deemed to be an assessment
divided equally among, payable by and alien against:
(a) all Lots subject to assessment by the Association, including the Lots as to
which the foreclosure (or conveyance in lieu of foreclosure) took place, with regard to
services rendered exclusively to the Common Areas; and
(b) all Lots subject to assessment by the Association, including the Lots as to
which the foreclosure (or conveyance in lieu of foreclosure) took place, with regard to
services rendered exclusively to the Lots.
Section 6. Effect of Nonpayment of Assessments. Late Charges and/or Fines: Remedies of
the Association. Any assessments which are not paid when due shall be delinquent. Any assessment
delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board
may determine from time to time, but not greater than the amount of the unpaid assessment. In
addition, the Board may impose a fine for failure to timely pay any assessment. The Association shall CD
cause a notice of delinquency to be given to any member who has not paid within fifteen (15) days .—
following the due date. If any assessment, late charge and/or fine is not paid within thirty (30) days -0
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from the date of notice, alien as provided for herein shall attach to the Lot and in addition, the lien Q
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shall include interest on the assessment amount due at the maximum rate allowable by law from the ---J
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date first due and payable, all costs of collection, reasonable attorneys' fees actually incurred, and any
other amounts provided or permitted by law. Such lien may provide that it shall automatically
increase for each future period or day for which the assessment, late charge and/or fine is not paid.
In the event that the assessment, late charge and/or fine remains unpaid after sixty (60) days from the
date of notice, the Association may institute suit to collect such amounts or to foreclose the lien.
Each Owner, by acceptance of a Deed to a Lot, vests in the Association or its agents, the right and
power to bring all actions against him or her personally for the collection of such charges as a debt
or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real
property. The lien provided for in this Article shall be in favor of the Association. The power to bid
on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage and convey the same, shall be
held by the Association. No Owner may waive or otherwise escape liability for the assessments, late
charges and/or fines provided for herein, including by way of illustration but not limitation,
abandonment of his or her Lot. Sale or transfer of a Lot shall not affect any lien for assessments, late
charges and/or fines, except as provided in Section 5 of this ARTICLE for an Institutional Lender.
No such sale or transfer shall relieve such Lot from liability for any fines or assessments thereafter
becoming due or from the lien thereof.
Section 7. Effect on Declarant. Notwithstanding any provision that may be contained to the
contrary in this Declaration, for so long as Declarant is the Owner of any Lot(s), the Declarant shall ca
not be liable for Assessments against such Lot(s); provided that Declarant funds any deficit in
operating expenses (exclusive of reserves and management fees) of the Association. The Declarant -v
may at any time and from time to time commence paying such Assessments as to Lots that it may own W
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and thereby automatically terminate its obligation to fund deficits in the operating expenses of the co
29
Association, or at any time and from time to time elect again to fund deficits as aforesaid.
Section 8. Adjustment of Assessments - Building Site Using Multiple Lots. Provisions to the
contrary notwithstanding, where a Principal Residence is constructed on two or more Lots, for any
fine or assessment purposes, one lot will be assessed in the normal way, but each additional Lot
included within the building site shall be assessed on the basis of 50% of the fine or assessment levied
per Lot, that is to say, that each additional Lot in excess of one, included within one building site shall
be treated as'/2 of a Lot for fine or assessment purposes. The lien for fines or assessments as to such
multiple Lot building sites shall be deemed to attach to and encumber all Lots within the building site.
The recording of a Unity of Title combining any two or more contiguous Lots shall not relieve the
Owner from the provisions of this Section 8.
ARTICLE VIII
ENFORCEMENT
Section 1. Compliance by Owners. Every Owner shall comply with the restrictions and
covenants set forth in this Declaration and any and all rules and regulations which from time to time
may be adopted by the Board.
Section 2. Enforcement.
(a) Enforcement of these Covenants may be by any Lot Owner, the Declarant, the
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Association, the Association Board, and their respective heirs, successors and assigns and _.
may be accomplished by any proceeding at law or in equity against any person or persons
violating or attempting to violate any covenant or restriction, either to restrain a violation or O
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to recover damages, and against the Lots to enforce any lien created by these Covenants; and ca
failure to enforce any covenant or restriction herein contained shall in no event be deemed a
30
waiver of the right to do so thereafter.
(b) Failure of an Owner to comply with the restrictions, covenants or rules and
regulations set forth in this Declaration shall be grounds for immediate action which may
include, without limitation, an action to recover sums due for damages, injunctive relief, or
any combination thereof. The Association shall have the right to impose fines or suspend use
of Common Areas (except for legal access, including the right to park) of defaulting Owners,
subject to the provision of Section 3 immediately below. The offending Lot Owner shall be
responsible for all costs of enforcement, including attorneys' fees actually incurred and court
costs, including all appellate levels of court.
Section 3. Fines and Suspension of Use of Common Areas. In addition to all other remedies,
suspension of use of the Common Areas and/or a fine or fines may be imposed upon an Owner for
failure of an Owner, his family, guests, invitees or employees, to comply with any covenant,
restriction, rule or regulation; provided the following procedures are adhered to:
(a) Notice: The Association shall notify the Owner of the alleged infraction or
infractions. Included in the notice shall be the date and time of a hearing before a committee
of at least three (3) members appointed by the Board, who are not officers, directors, or
employees of the Association, or the spouse, parent, child, brother, or sister of an officer,
0
director, or employee. The Owner has the right to present reasons why penalties should not
be imposed. At least fourteen (14) days' notice of such meeting shall be given.
(b) Hearing: The alleged non-compliance shall be presented to the committee during
which the committee shall hear reasons why penalties should not be imposed. A written W
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decision of the committee shall be submitted to the Owner by not later than twenty-one (2 1)
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days after the committee's meeting. The Owner shall have a right to be represented by
counsel and to cross examine witnesses.
(c) Penalties: The committee (if by a majority vote, its findings are made against the
Owner) may suspend use of the Common Areas and/or may impose a fine by special
assessment against the Lot owned by the Owner in an amount not to exceed One Hundred
Dollars ($100.00) per violation (or any additional amount that may be authorized pursuant
to the Florida Statutes) for each day of a continuing violation, without a cap on the amount
of the fine that can accrue.
(d) Payment of Penalties: Fines shall be paid not later than five (5) days after notice
of the imposition or assessment of the penalties.
(e) Collection of Fines: Fines shall be treated as an assessment subject to the
provisions for the collection of assessments as set forth herein.
(f) Application of Penalties: All monies received from fines shall be allocated as
directed by the Board.
(g) Non-exclusive Remedy: These fines shall not be construed to be exclusive, and
shall exist in addition to all other rights and remedies to which the Association may be
otherwise legally entitled, including but not limited to injunctive relief, provided, however,
any penalty paid by the offending Owner shall be deducted from or offset against any damages c
which the Association may otherwise be entitled to recover by law from such Owner.
(h) Non-Applic, ability: The requirements of this Section 3. do not apply to the
imposition of suspension ofuse of the Common Areas or fines upon any Member because of CD
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the failure of the Member to pay assessments or other charges when due. The above —
32
procedures do not apply where there is a failure to pay assessments or other charges. The
Board, in it's sole discretion, may impose the suspension of use of the Common Areas, or
fines upon any Member because of the failure of the Member to pay assessments or other
charges when due.
(i) Enforcement by St. Johns River Water Management District: The St. Johns River
Water Management District shall have the right to enforce, by a proceeding at law or in
equity, the provisions contained in these Covenants which relate to the maintenance,
operation and repair of the Surface Water or Stormwater Management System.
ARTICLE IX
PHASING AND ANNEXATION
The development of Collier Creek Estates will be phased. The general effect of phasing a
development is the submission of a parcel of land to development under a Declaration of Covenants,
Conditions and Restrictions for an initial phase or stage and the addition(s) of subsequent parcels for
development, with such subsequent parcels being part and parcel of the same development and
governed by the same Homeowner's Association. Declarant reserves the right, at its sole discretion,
to increase the area of the Property by adding any parcel(s) of land to this Declaration, by an
appropriate amendment or supplemental declaration signed by the Declarant and recorded in the
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public record in the office of the Clerk of the Circuit Court for Indian River County, Florida. No "—
amendment of this Declaration for the purpose of annexing subsequent parcels (phases) shall require ._
the execution of such amendment or any other form of consent thereto by any Lot Owner, the p
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Association or any other party other than the Declarant. Nothing herein, however, shall obligate the
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Declarant to add to the initial phase of the Property, to develop any such future parcels under such
33
common scheme, nor to prohibit the Declarant from rezoning and changing the development plans
with respect to such future parcels and/or the Declarant from adding additional or other parcels to
the Property under such common scheme. All Owners, by acceptance of a deed to their Lot, whether
it is so expressed in such deed, are deemed to agree and consent to any such future rezoning, change,
addition or deletion thereafter made by Declarant and shall evidence such consent in writing if
requested to do so by the Declarant at any time.
ARTICLE X
PROPERTY SUBDIVISION STRUCTURES
Once a Lot is sold by the Declarant, it shall not be subdivided, divided or split in any manner.
Two or more contiguous Lots, if owned by the same record owner, may be combined as one larger
Lot for the purpose of applying these Covenants, provided that the record Owner makes such election
in writing, and a Unity of Title or other appropriate instrument irrevocably combining such Lots is
duly recorded in the public records of Indian River County, Florida.
ARTICLE XI
NO IlVIPLIED WAIVER
The failure of the Declarant, Lot Owners or the Association to object to an Owner's or other oar
party's failure to comply with these Covenants now or hereafter promulgated shall in no event be
deemed a waiver by any party having an interest therein of its right to object to same and to seek '—
compliance therewith in accordance with the provisions of these Covenants.
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ARTICLE XII
MODIFICATION AND AMENDMENT
As long as the Declarant owns at least one (1) Lot within the Property, the Declarant alone
(without the consent of any Owner or the Association) may at any time and from time to time amend,
change or add to this Declaration upon the execution of an instrument and the recordation of such
instrument in the Public Records of Indian River County, Florida. In addition, the Declarant hereby
reserves the right to enter into agreements with the Owner of any Lot (without the consent of the
Owner of any other Lot or the Association) to modify the conditions, restrictions, limitations and
agreements set forth in these Covenants, and any such deviation or variance shall be evidenced by
agreement in writing. Such variance shall not constitute a waiver of any such condition, restriction,
limitation or agreement as to the remaining Lots, and the same shall remain fully enforceable as to all
other Lots located on the Property, except as against the Lot where such deviation is permitted. The
Declarant reserves the right to add additional restrictions in the conveyance of title to any Lot or
Lots. Any amendment to this Declaration which alters the Surface Water or Stormwater
Management System, beyond maintenance in its original condition, including the water management
portions of the Common Areas, must have the prior approval of the St. Johns River Water
Management District.
ARTICLE XIII o
ASSIGNMENT BY DECLARANT
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Declarant may, at any time, assign any and all of its rights, title, interest, powers, duties,
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obligations and privileges under these Covenants to the Association, or to any other corporation, t„
association or person, including one or more Owners within the Property. -�
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ARTICLE XIV
INFORMATION AND FINANCIAL STATEMENT
Section 1. Information. The Association shall make available to Owners and any Institutional
Lender granted a first mortgage on any Lot, and to holders, insurers or guarantors of any first
mortgage on any Lot, current copies of the Declaration, Rules and Regulations for Collier Creek
Estates, Article of Incorporation and By -Laws of Collier Creek Estates and the books, records and
financial statements of the Association. The term "available" as used in this Section, means available
for inspection, upon request, during normal business hours or under other reasonable circumstances.
Section 2. Financial Statement. Any holder of a first mortgage on a Lot is entitled, upon
written request, to a financial statement of the Association for the immediately preceding fiscal year.
ARTICLE XV
CONTRACTS
The Association, prior to assumption of control of the Association by the Class A Members
as provided in Article V, Section 2, is not bound either directly or indirectly to contracts or leases
(including a management contract) unless there is a right of termination of any such contract or lease,
without cause, which is exercisable without penalty at any time after transfer of control, upon not
more than ninety (90) days' notice to the other party.
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ARTICLE XVI '—
GENERAL PROVISIONS v
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Section 1. Duration and Term. The covenants, conditions, provisions, agreements and
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restrictions of these Covenants shall run with the title to the Property (Lot) and be binding on and '9-
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inure to the benefit of and be enforceable in accordance with its terms by the Declarant, each Owner,
36
the Association, the Association Board and their respective heirs, successors and assigns for a period
of thirty (30) years from the date this Declaration is recorded in the public records of Indian River
County, Florida after which time said covenants, provisions, agreements and restrictions shall
automatically be extended for successive periods of ten (10) years each, unless an instrument signed
by the then Owners Entitled To Vote of at least sixty-six and two-thirds percent (66 2/3%) of the
Lots subject to this Declaration has been recorded, agreeing to change or terminate the covenants,
conditions, provisions, agreements and restrictions herein contained in whole or in part; and provided,
however, so long as the Declarant owns at least one (1) Lot, there shall be no amendments to this
Declaration without the Declarant's express written joinder and consent.
Section 2. Amendments. In addition to the ability of the Declarant to amend this Declaration,
these Covenants may be amended at any time from time to time upon the execution and recordation
of an instrument executed by Owners Entitled to Vote of at least sixty-six and two thirds percent (66
2/3%) of the Lots; provided, however, that as long as the Declarant is the Owner of at least one (1)
Lot, there shall be no amendments to this Declaration without the Declarant's express written joinder
and consent. Any amendment to this Declaration which alters the Surface Water or Stormwater
Management System, beyond maintenance in its original condition, including the water management
portions of the Common Areas, must have the prior approval of the St. Johns River Water
r
Management District.
Section 3. Additional Remedies for Violation. Notwithstanding any provision set forth in
O
these Covenants, the Declarant, the Association, the Association Board or any Lot Owner and their W
-..
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respective heirs, successors or assigns shall have the right in addition to any other remedies to
proceed at law or in equity to compel compliance with the terms of any conditions, covenants,
37
restrictions, provisions or otherwise ofthese Covenants and to prevent the violation or breach of any
of them, and the expense of such litigation shall be borne by the Lot Owner alleged to be in violation
provided such proceeding results in the finding that such Owner was in violation of said Covenants,
provisions or restrictions. Such expenses of litigation shall include reasonable attorneys' fees and
costs incurred in seeking such enforcement at any administrative proceedings and at the trial and all
appellate levels of court.
Section 4. Notice. Any notice required to be sent to any Member or Owner under the
provisions of this Declaration shall be deemed to have been properly sent when personally delivered
or mailed, postpaid, to the last known address of the person who appears as Member or Owner on
the records of the Association at the time of such mailing.
Section 5. Covenants Running With The Land. ANYTHING TO THE CONTRARY
HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND
SUBJECT TO THE LIMITATIONS) OF SECTION 1 HEREOF, IT IS THE INTENTION OF ALL
PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE HEIRS, PERSONAL
REPRESENTATIVES, SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND
RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTY.
WITHOUT LIMITING TIE GENERALITY OF SECTION 1 HEREOF, IF ANY PROVISION OR
APPLICATION OF THIS DECLARATION WOULD PREVENT THIS DECLARATION FROM
RSG WITH THE LAND AS AFORESAID, SUCH PROVISION AND/OR APPLICATION
SHALL BE JUDICIALLY MODIFIED, IF AT ALL POSSIBLE, TO COME AS CLOSE AS
POSSIBLE TO THE INTENT OF SUCH PROVISION OR APPLICATION AND THEN BE
ENFORCED IN A MANNER WHICH WILL ALLOW THESE COVENANTS AND
38
RESTRICTIONS TO SO RUN WITH THE LAND; BUT IF SUCH PROVISION AND/OR
APPLICATION CANNOT BE SO MODIFIED, SUCH PROVISION AND/OR APPLICATION
SHALL BE UNENFORCEABLE AND CONSIDERED NULL AND VOID IN ORDER THAT
THE PARAMOUNT GOAL OF THE PARTIES AFFECTED HEREBY (THAT THESE
COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE
ACHIEVED.
Section 6. Dissolution of Association.
(a) In the event of termination, dissolution or final liquidation of the Association,
all assets of the Association shall be conveyed to a non-profit organization with similar
purposes. Failing the ability to find a non-profit organization to succeed to the Association
within ninety (90) days of dissolution of the Association, all Association assets may, upon
approval of and at the sole option and in the sole discretion of any municipality within which
all the Property may be located, be dedicated to said local government. Said successor non-
profit organization or governmental entity shall pursuant to this Declaration provide for the
continued maintenance and upkeep thereof.
(b) In the event of termination, dissolution or final liquidation of the Association,
the responsibility for the operation and maintenance of the Surface Water or Stormwater
a
Management System must be transferred to and accepted by an entity which would comply
with Rule 40C-42.027, Florida Administrative Code, and be approved by the St. Johns River v
-o
Water Management District prior to such termination, dissolution or liquidation. G"'
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Section 7. Usage. Whenever used herein, the singular shall include the plural and the use of 4'
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any gender shall include all genders.
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Section 8. Effective Date. This Declaration shall become effective upon its recordation in the
Public Records of Indian River County, Florida.
Section 9. Conflict. In the event of a conflict between the provisions contained in this
Declaration and the provisions contained in the Declaration of Restrictions recorded by General
Development Corporation in Official Records Book 389, Page 160, of the Public Records of Indian
River County, Florida, the provisions contained in this Declaration shall supersede and take
precedence over any of the provisions contained in said Declaration of Restrictions recorded by
General Development Corporation.
Section 10. Severability. Any decision by a Court of competent jurisdiction invalidating any
part or section of these Covenants shall be limited to the part or section affected by the decision of
the Court, and the remaining part or paragraphs shall continue in full force and effect.
IN WITNESS WHEREOF, this Declaration of Covenants, Conditions and Restrictions is
executed this eday of /YU.W 1997.
n
WITNESSES: ADAM AS$ I]EVELOI
INC., O ORATION
Z �
By:
P, w - H Id �d s, as President
PA j V - vro N4NAUAI�l f and Secretary
"SEAL"
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
:J
The foregoing instrument was acknowledged before me on this a day o�11 1997 by
Harold D. Adams, as President of Adams & Associates Developers, Inc., a Florida Corporation, on
behalf of the Co o io r wn to me or who has produced
as identification,o����-�i��.�t� �.o �
r 6 COMM MSION # CC 667491
EXPIRES SEP 6, 2001BONDED THRU
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"SEAL" F�ATLANTIC BONDING G CO., INC. ' L..
SEAL Notary Public
My Commission Expires: C1- �p -
My Commission No. is: U.,,Lr U1 4q I
40
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0
COLLIER CREEK ESTATES, PHASE ONE
A PORTION OF SEBASTIAN HIGHLANDS, UNIT 16, AS RECORDED IN PLAT
BOOK 8, PAGE 45-45J, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 10, BLOCK 513, OF SAID
SEBASTIAN HIGHLANDS, UNIT 16, ALSO BEING THE POINT OF CURVATURE OF
A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 225 FEET AND
THROUGH WHICH A RADIAL LINE BEARS EAST; THENCE NORTHEASTERLY
350.88 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 890 21'03"; THENCE NORTH 890 21' 03" EAST, ALONG THE NORTH LINE OF
SAID SUBDIVISION, 1069.92 FEET; THENCE SOUTH 00 ° 04'06" EAST, ALONG THE
EAST LINE OF SAID SUBDIVISION, 657.70 FEET; THENCE SOUTH 89' 55'5410
WEST, 79.86 FEET; THENCE NORTH 45 °00' 00" WEST, 154.72 FEET; THENCE
SOUTH 45 ° 37'55" WEST, 160.03 FEET; THENCE NORTH 45* 00'00" WEST 63.04
FEET; THENCE SOUTH 45 ° 00'00" WEST, 80.00 FEET; THENCE SOUTH 45 ° 35'29"
WEST, 182.24 FEET; THENCE NORTH 44° 00'37" WEST, 6.61 FEET; THENCE
NORTH 90 000'00" WEST, 753.33 FEET TO THE WEST LINE OF SAID SUBDIVISION.-
THENCE
UBDIVISION;THENCE NORTH 00'0 00'00" EAST ALONG SAID WEST LINE, 559.52 FEET TO THE
POINT OF BEGINNING.
ALL THE ABOVE SITUATE IN INDIAN RIVER COUNTY, FLORIDA AND
CONTAINING 20.5 ACRES.
E X IIBIT `W1
to
Declaration of Covenants, Conditions and
Restrictions for Collier Creek Estates
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IN THE RECOF= OF
JEFFREY K. SAMN
CLERK CIRCuffCOURT
INDIAN RIVEA Ms FLA.
ARTICLES OF INCORPORATION -,
OF
COLLIER CREEK ESTATES HOMEOWNERS' ASSOCIATION. INC.
The undersigned subscriber, desiring to form a corporation not for profit under Chapter 617,
Florida Statutes, as amended, hereby adopts the following Articles of Incorporation:
ARTICLE I
NAME
The name of the corporation shall be the COLLIER CREEK ESTATES HOMEOWNERS'
ASSOCIATION, INC., which is hereinafter referred to as "the Association". The address of the
principal office of the Association is 906 South Fleming Street, Sebastian, Florida 32958.
ARTICLE H
PURPOSES, POWERS AND DEFINITIONS
Section 1. Purposes and Powers.
co (a) The objects and purposes of the Association are those objects and purposes as are
Nauthorized by the Declaration of Conditions, Covenants and Restrictions for Collier Creek
•� M Estates recorded (or to be recorded) in the Public Records of Indian River County, Florida,
w as hereafter amended and/or supplemented from time to time (the "Declaration"). The
cn further objects and purposes of the Association are to preserve the values and amenities in
cn the Property for the benefit of the Members of the Association. The Association is not
44 0 o organized for profit, and no part of the net earnings, if any, shall inure to the benefit of any
a] Member or individual person, firm or corporation.
>1 tn-4 a
U � n (b) The Association shall have the power to contract for the management of the
Association and to delegate to the party with whom such contract has been entered into
o (which may be an affiliate of the Developer) the powers and duties of the Association, except
those which require specific approval of the Board of Directors or Members. The
$4 Association shall have such powers as may be set forth in the By -Laws, and the Association
shall have all of the common law and statutory powers of a corporation not for profit which
a are not in conflict with the terms of these Articles and the Declaration above identified. The
Association shall also have all of the powers necessary to implement the purposes of the
Association as set forth in the Declaration and to provide for the general health and welfare
of its membership.
Section 2. Surface Water or Stormwater Management System Duties; Powers: and
Dissolution.
(a) The Association shall operate, maintain and manage the Surface Water or Stormwater
1
' � r
Management System in a manner consistent with the St. Johns River Water Management
District Permit Number 4 -061 -0157 -ERP requirements and applicable St. Johns River Water
Management District rules, and shall assist in the enforcement of the restrictions and
covenants contained herein. The Association shall levy and collect adequate Assessments
against Lot Owners for the costs of maintenance and operation of the Surface Water or
Stormwater Management System. The Assessments shall be used for the maintenance and
repair of the Surface Water or Stormwater Management System, including but not limited
to work within retention areas, drainage structures and drainage easements.
(b) In the event of termination, dissolution or final liquidation of the Association, the
responsibility for the operation and maintenance of the Surface Water or Stormwater
Management System must be transferred to and accepted by an entity which would comply
with Rule 40C-42.027, Florida Administrative Code, and be approved by the St. Johns River
Water Management District prior to such termination, dissolution or liquidation.
Section 3. Definitions. The following words when used in these Articles (unless the
context shall prohibit) shall have the following meanings:
(a) "Assessment" means and refers to a share of the funds required for payment
of the expenses of the Association, which funds shall be assessed against a Lot
Owner from time to time.
(b) "Association" means and refers to the Collier Creek Estates Homeowners'
Association, Inc., a Florida corporation not for profit.
(c) "Common Area(s)" means and refers to the property as shown on the Plat, including
but not limited to: i) any area labeled as a Tract and ii) Stormwater Management Tracts, as
depicted upon the Plat. All property designated as Common Area, Tracts or Stormwater
Management Tracts in any future Plat for the Property and/or supplemental Declaration
recorded in the Public Records of Indian River County, Florida shall be included with the
Common Areas. Use of the Common Area(s) is limited to those Lot Owners that are
contiguous to the Common Area(s). All other Lot Owners are excluded from using the
Common Area(s).
(d) "Declaration" means and refers to the Declaration of Covenants, Conditions and
Restrictions for Collier Creek Estates as recorded in the Public Records of Indian River
County, Florida, and as the same may be amended from time to time.
(e) "Developer" means and refers to Adams & Associates Developers, Inc., a Florida
Corporation, its successors and such of its assigns as to which the rights of Developer
hereunder are specifically assigned by written instrument recorded in the Public Records of
Indian River County, Florida. The Developer may assign only a portion of its rights,
hereunder, or all or a portion of such rights in connection with appropriate portions of the
Property. In the event of such a partial assignment of its rights, the assignee shall not be
W
Vi
deemed the Developer, but may exercise such rights of Developer specifically assigned to
it. Any such assignment may be made on a non-exclusive basis. A Lot purchaser, Lot
Owner or a Lot mortgagee shall not be deemed to be the Developer by the mere act of
purchase or mortgage of a Lot.
(f) "Entitled to Vote" means and refers to that Lot Owner entitled to a vote for a Lot at
an Association meeting. If more than one person or legal entity shall own a Lot, the Owners
thereof shall determine among themselves who shall be the Member Entitled To Vote. Said
determination shall be manifested upon a voting certificate, signed by all Owners of said Lot,
and given to the Association Secretary for placement in the Association records.
Notwithstanding anything contained herein, all Lot Owners whether Entitled To Vote or not
are assured of all other privileges, rights, and obligations of Association membership and
shall be Members of the Association.
(g) "Lot" means and refers to any Lot on the Plat (excluding Tracts) of portions of the
Property, or by any other recorded plat to be subject to this Declaration (and to the extent the
Developer is not the Owner thereof, then designated by the Developer joined by the Owner
thereof), any Lot shown upon any resubdivision of any such Plat, and.any other property
hereafter declared as a Lot by the Developer and thereby made subject to the Declaration.
To the extent the Developer is not the Owner thereof, then such declaration shall be made
by the Developer joined by the Owner thereof.
(h) "Member" means and refers to all those Owners who are Members of the Association
as provided in the Declaration.
(i) "Owner" means and refers to the record owner, whether one or more persons or
entities; of the fee simple title to any Lot situated upon the Property, but excluding anyone
having an interest in a Lot as security for the performance of an obligation. Owner shall
include Developer as to each and every Lot owned by Developer.
0) "Plat" means and refers to the plat of Collier Creek Estates, recorded or to be
recorded in the Public Records of Indian River County, Florida, together with any plat of
additional land made subject to this Declaration and to the jurisdiction of the Association.
(k) "Property" means and refers to the real property described in the Declaration, and
such additions thereto, as are now or hereafter made subject to the Declaration and to the
jurisdiction of the Association.
(1) "Surface Water or Stormwater Management System" means and refers to a system
which is designed and constructed or implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey, store, absorb,
inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental
degradation, and water pollution or otherwise affect the quantity and quality of discharges
from the system, as permitted pursuant to Chapters 40C-4, 40C-40 or 40C-42, Florida
3
C:
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Administrative Code.
ARTICLE III
MEMBERS
Section 1. Membership. Every person or entity who is a record Owner of a fee or
undivided fee interest in any Lot shall be a Member of the Association. Notwithstanding anything
else to the contrary set forth in this Section 1, any such person or entity who holds such interest
merely as security for the performance of an obligation shall not be a Member of the Association.
Membership in the Association shall be appurtenant to each Lot and may not be separated from
ownership of said Lot. The record title holder to each Lot shall automatically become a Member of
the Association and shall be assured of all rights and privileges thereof upon presentation of a
photographically or otherwise reproduced copy of said Owner's deed recorded in the Public Records
of Indian River County, Florida to the Association Secretary for placement in the records of the
Association. To the extent that said deed shall pass title to a new Lot Owner from an existing Lot
Owner, membership in the Association shall be transferred from the existing Lot Owner to the new
Lot Owner.
Section 2. Voting Rights. The Association shall have two (2) classes of voting membership:
Class A. Class A Members shall be all those Owners as defined in Article III, Section
1 with the exception of the Developer (as long as the Class B Membership shall exist, and
thereafter, the Developer shall be a Class A Member to the extent it would otherwise
qualify). Except as provided below, Class A Members shall be entitled to one (1) vote for
each Lot in which they hold the interest required for membership by Article III, Section 1.
When more than one person holds such interest or interest in any Lot, all such persons shall
be Members but the vote for such Lot shall be exercised only by that one person who is
Entitled To Vote. In no event shall more than one vote be cast with respect to any such Lot.
Class B. The Class B Member shall be the Developer. The Class B Member shall
be entitled to one (1) vote, plus two (2) votes (for a total of three (3) votes) for each Lot off,
owned by the Developer. The Class B Membership shall cease and terminate: 1) at such time _
as 75% of all Lots to be ultimately subject (including future phases) to Association --
membership within the Property have been sold and conveyed by the Developer; or 2) fifteen v
(15) years from the date of the first conveyance by Developer of a Lot; or 3) sooner at the
election of the Developer, whichever event shall first occur, whereupon the- Class A
Members shall be obligated to elect the Board and assume control of the Association. Upon C
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termination of the Class B Membership as provided for herein, the Class B Membership shall
convert to Class A Membership with voting strength as set forth above for Class A
Membership.
Section 3. Meetings of Members. The By -Laws of the Association shall provide for an
4
annual meeting of Members, and may make provisions for regular and special meetings of Members
other than the annual meeting. A quorum for the transaction of business at any meeting of the
Members shall exist if 30% of the total number of votes that may be cast by Members Entitled To
Vote and in good standing shall be present or represented at the meeting either in person or by
general or limited proxy.
Section 4. General Matters. When reference is made in these Articles of Incorporation,
or in the By -Laws, Rules and Regulations, management contracts or otherwise, to a majority or
specific percentage of Members, such reference shall be deemed to be reference to a majority or
specific percentage of the votes of Members Entitled To Vote and not of the Members themselves.
ARTICLE IV
CORPORATE EXISTENCE
The Association shall have perpetual existence. Existence of the Association shall
commence with the filing of these Articles of Incorporation with the Secretary of State, Tallahassee,
Florida.
ARTICLE V
BOARD OF DIRECTORS
Section 1. Management by Directors. The property, business and affairs of the
Association shall be managed by a Board of Directors, which shall consist of not less than three (3)
persons, but as many persons as the Board of Directors shall from time to time determine. A
majority of the directors in office shall constitute a quorum for the transaction of business. The By -
Laws shall provide for meetings of directors, including an annual meeting. Directors may be
individuals who are foreign nationals.
Section 2. Original Board of Directors. The names and addresses of the first Board of
Directors of the Association, who shall hold office until the first annual meeting of Members and
thereafter until qualified successors are duly elected and have taken office, shall be as follows:
NAME ADDRESS
C)
Harold D. Adams 906 South Fleming Street �D
Sebastian, FL 32958 _
Frances J. Adams 906 South Fleming Street
Sebastian, FL 32958
Q
John King 906 South Fleming Street w
Sebastian, FL 32958 Cn
CT•
Until such time as the Class B membership shall terminate, the Developer shall have the
5
absolute right to remove directors that the Developer has appointed and appoint successor directors
without the consent, joinder or approval of any Class A Members.
Section 3. Election of Members of Board of Directors. Except as otherwise provided
herein and for the first Board of Directors, directors shall be elected by Members of the Association
at the annual meeting of the membership as provided by the By -Laws of the Association, and the By -
Laws may provide for the method of voting in the election and for removal from office of directors.
All directors shall be members of the Association residing on the Property or shall be authorized
representatives, officers or employees of corporate members of the Association, or designees of the
Developer.
Section 4. Duration of Office. Except as provided in Article V, Section 2. hereof,
Members elected to the Board of Directors shall hold office until the next succeeding annual meeting
of Members, and thereafter until qualified successors are duly elected and have taken office.
Section 5. Vacancies. If a director elected by the general membership shall for any
reason cease to be a director, the remaining directors so elected may elect a successor to fill the
vacancy for the balance of the term.
ARTICLE VI
OFFICERS
Section 1. Officers Provided For. The Association shall have a President, a Vice
President, a Secretary and a Treasurer, and such other officers as the Board of Directors may from
time to time elect.
Section 2. Election and Appointment of Officers. The officers of the Association, in
accordance with any applicable provision of the By -Laws, shall be elected by the Board of Directors
for terms of one (1) year and thereafter until qualified successors are duly elected and have taken
office. The By -Laws may provide for the method of voting in the election, for the removal from
office of officers, for filling vacancies and for the duties of the officers. The President shall be a
director; other officers may or may not be directors of the Association. If the office of President
C3
shall become vacant for any reason, or if the President shall be unable or unavailable to act, the Vice
_.
President shall automatically succeed to the office or perform its duties and exercise its powers. If
any office shall become vacant for any reason, the Board of Directors may elect or appoint an
individual to fill such vacancy.
G73%
Section 3. First Officers. The names and address of the first officers of the Association,
0CD
who shall hold office until the first annual meeting of directors and thereafter until successors are
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duly elected and have taken office, shall be as follows:
M
6
NAME
Harold D. Adams
Frances J. Adams
TITLE
President
Vice President
Treasurer
Secretary
ARTICLE VII
BY-LAWS
ADDRESS
906 South Fleming Street
Sebastian, FL 32958
906 South Fleming Street
Sebastian, FL 32958
The Board of Directors shall adopt By -Laws consistent with these Articles of Incorporation.
Such By -Laws may be altered, amended or repealed in the manner set forth in the By -Laws.
ARTICLE VIII
AMENDMENTS
Section 1. Amendments. Amendments to these Articles of Incorporation shall be
proposed by the Board of Directors and, after notice to Members ten (10) days in advance of the
meeting and in the manner provided for in Chapter 617 of the Florida Statutes setting forth the
proposed amendment or a summary of the changes to be effected thereby, thereafter shall be
submitted to a meeting for the membership of the Association for adoption or rejection by
affirmative majority vote of 66 2/3 % of the Members Entitled To Vote in person or by limited
proxy.
Section 2. Conflict. In case of any conflict between these Articles of Incorporation
and the By -Laws, these Articles shall control; and in case of any conflict between these Articles of
Incorporation and the Declaration, the Declaration shall control.
ARTICLE IX
INCORPORATOR
0
The name and address of the incorporator of these Articles of Incorporation is Harold D. �D
Adams, 906 South Fleming Street, Sebastian, Florida 32958.
ARTICLE X
--v
INDEMNIFICATION
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Section 1. Indemnification In Proceedings. Every Director and every Officer of the
Association shall be indemnified by the Association against all expenses and liabilities, including --s
attorneys' fees, reasonably incurred by or imposed upon him in connection with any proceeding
whether civil, criminal, administrative or investigative, or any settlement of any proceeding, or any
6
appeal from such proceeding to which he may be a party or in which he may become involved, other
than an action by, or in the right of, the corporation, by reason of his being or having been a Director
or Officer of the Association, or having served at the Association's request as a Director or Officer
of any other corporation, whether or not he is a Director or Officer at the time such expenses are
incurred, regardless of or by whom the proceeding was brought, if he acted in good faith and in a
manner which he reasonably believed to be in, or not opposed to, the best interests of the corporation
and, with respect to any criminal action or proceeding, had no reasonable cause to believe his
conduct was unlawful. In the event of a settlement, the indemnification shall apply only when the
Board of Directors of the Association approves such settlement and reimbursement as being in the
best interest of the Association. The foregoing right of indemnification shall be in addition to and
not exclusive of all other rights to which such Director or Officer may be entitled. The termination
of any action, suit, or proceeding by judgment, order, settlement, or conviction or upon a plea of nolo
contendere or its equivalent shall not, of itself, create a presumption that the Director did not act in
good faith and in a manner which he reasonably believed to be in, or not opposed to, the best interest
of the corporation or, with respect to any criminal action or proceeding, had reasonable cause to
believe that his conduct was unlawful. No indemnification may be made pursuant to this Article X,
Section 1. in relation to matters as to which any Director or Officer is adjudged to be liable for gross
negligence or willful misconduct.
Section 2. Indemnification In Proceedings By Or In The Right Of The Association. The
Association shall indemnify every Director and every Officer who was or is aparty, or is threatened
to be made a party, to any threatened, pending, or completed action or suit by or in the right of the
Association to procure a judgment in its favor by reason of the fact that he is or was a Director,
Officer, employee, or agent of the Association or is or was serving at the request of the Association
as a Director, Officer, employee, or agent of another corporation, partnership, joint venture, trust,
or other enterprise, against expenses, including attorneys' fees, actually and reasonably incurred by
him in connection with the defense or settlement of such action or suit, including any appeal thereof,
if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best
interests of the Association, except that no indemnification shall be made in respect to any claim,
issue, or matter as to which such person shall have been adjudged to be liable for negligence or
misconduct in the performance of his duty to the Association unless, and only to the extent that, the
court in which such action or suit was brought shall determine upon application that, despite the
adjudication of liability but in view of all circumstances of the case, such person is fairly and
reasonably entitled to indemnity for such expenses which such court shall deem proper.
Section 3. Prepayment of Costs and Attorneys' Fees. Expenses incurred in defending a
v
suit or proceeding whether civil, criminal, administrative or investigative may be paid by the ._
Association in advance of the final disposition of such action, suit or proceeding, if authorized by -v
all of the non -interested Directors and upon receipt of an undertaking by or on behalf of the Director Q
or Officer to repay such amount, if it shall ultimately be determined that he is not to be indemnified w
by the Association, as authorized by these Articles of Incorporation. Cn
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Section 4. Indemnity Insurance. The Association shall have the power to purchase, at
its expense, and maintain insurance on behalf of any individual who is or was a Director or Officer
of the Association, or is or was serving at the request of the Association as a director or officer of
another organization at the request or direction of the Association, against any liability asserted
against him and incurred by him in any such capacity, or arising out of his status as such, whether
or not the Association would have the power to indemnify him against such liability under the
provisions of these Articles of Incorporation.
Section 5. Amendment of Article. The provisions of this Article shall not be amended.
ARTICLE XI
REGISTERED AGENT
Until changed, Harold D. Adams shall be the registered agent of the Association and the
registered office shall be at 906 South Fleming Street, Sebastian, FL 32958, with a mailing address
of P.O. Box 1047, Sebastian, FL 32978-1047.
IN WITNESS WHEREOF, the said incorporator
hereunto set his hand and the corporate seal on behalf of ti
1997.
(sign re
(print name) G j*?,#c'«/Lv tll Wa7ro
(sign r e4� e
(print name) ,� �, ��,� o -V- CrC e
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
caused a duly authorized officer to
Comorafion-this 7 th day of August,
/Al 1
10
The foregoing instrument was acknowledged before me this % da of August, 1997 b
g g g Y g Y
Harold D. Adams, who is personally known to me.
��Z i AUd 7FFIVAL NOTARY SEAL
MY COW
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9
Notary Public
My Commission No. is:
My Commission Expires:
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CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF
PROCESS WITHIN THIS STATE, NAMING AGENT UPON WHOM PROCESS MAY BE
SERVED.
In compliance with the laws of Florida, the following is submitted:
That desiring to organize under the laws of the State of Florida with its principal office, as
indicated in the foregoing articles of incorporation, at the County of Indian River, State of Florida,
the corporation named in said articles has named Harold D. Adams, located at 906 South Fleming
Street, Sebastian, Florida 32958, as its statutory registered agent.
Having been named the statutory agent of the above corporation at the place designated in
this certificate, I hereby accept the same and gree to act " 1 "s capacity, and agree to comply with
the provisions of Florida law relative to k ing th 7e/stle ffice open.
D. Adams, Registered Agent
Date: August 7, 1997
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IN THE RECORDS OF
JEFFREY K. BAR'; ON
!NDlAN aiYEA CQRK CIRCUIT ��
✓ BY-LAWS
OF
COLLIER CREEK ESTATES HOMEOWNERS' ASSOCIATION. INC.
A Corporation Not for Profit Under the Laws of the State of Florida
ARTICLE I
DEFINITIONS
Section 1. Definitions. The following words when used in these By -Laws (unless the context
shall prohibit) shall have the following meanings:
(a) "Assessment" means and refers to a share of the funds required for payment
of the expenses of the Association, which funds shall be assessed against a Lot
Owner from time to time.
(b) "Association" means and refers to the Collier Creek Estates Homeowners'
Association, Inc., a Florida corporation not for profit.
(c) "Common Area(s)" means and refers to the property as shown on the Plat, including
00 but not limited to: i) any area labeled as a Tract and ii) Stormwater Management Tracts, as
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(aN depicted upon the Plat. All property designated as Common Area, Tracts or Stormwater
Management Tracts in any future Plat for the Property and/or supplemental Declaration
to -W w recorded in the Public Records of Indian River County, Florida shall be included with the
Common Areas. Use of the Common Area(s) is limited to those Lot Owners that are
contiguous to the Common Area(s). All other Lot Owners are excluded from using the
44 ro -H Common Area(s).
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N0 (d) "Declaration" means and refers to the Declaration of Covenants, Conditions and
U r_4 N Restrictions for Collier Creek Estates as recorded in the Public Records of Indian River
County, Florida, and as the same may be amended from time to time.
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(e) "Developer" means and refers to Adams & Associates Developers, Inc., a Florida
Corporation, its successors and such of its assigns as to which the rights of Developer
a hereunder are specifically assigned by written instrument recorded in the Public Records of
aIndian River County, Florida. The Developer may assign only a portion of its rights,
hereunder, or all or a portion of such rights in connection with appropriate portions of the
Property. In the event of such a partial assignment of its rights, the assignee shall not be
deemed the Developer, but may exercise such rights of Developer specifically assigned to
it. Any such assignment may be made on a non-exclusive basis. A Lot purchaser, Lot
Owner or a Lot mortgagee shall not be deemed to be the Developer by the mere act of
purchase or mortgage of a Lot.
W "Entitled to Vote" means and refers to that Lot Owner entitled to a vote for a Lot at
an Association meeting. If more than one person or legal entity shall own a Lot, the Owners
thereof shall determine among themselves who shall be the Member Entitled To Vote. Said
determination shall be manifested upon a voting certificate, signed by all Owners of said Lot,
and given to the Association Secretary for placement in the Association records.
Notwithstanding anything contained herein, all Lot Owners whether Entitled To Vote or not
are assured of all other privileges, rights, and obligations of Association membership and
shall be Members of the Association.
(g) "Lot" means and refers to any Lot on the Plat (excluding Tracts) of portions of the
Property, or by any other recorded plat to be subject to this Declaration (and to the extent the
Developer is not the Owner thereof, then designated by the Developer joined by the Owner
thereof), any Lot shown upon any resubdivision of any such Plat, and any other property
hereafter declared as a Lot by the Developer and thereby made subject to the Declaration.
To the extent the Developer is not the Owner thereof, then such declaration shall be made
by the Developer joined by the Owner thereof.
(h) "Member" means and refers to all those Owners who are Members of the Association
as provided in the Declaration.
(i) "Owner" means and refers to the record owner, whether one or more persons or
entities, of the fee simple title to any Lot situated upon the Property, but excluding anyone
having an interest in a Lot as security for the performance of an obligation. Owner shall
include Developer as to each and every Lot owned by Developer.
0) "Plat" means and refers to the plat of Collier Creek Estates, recorded or to be
recorded in the Public Records of Indian River County, Florida, together with any plat of
additional land made subject to this Declaration and to the jurisdiction of the Association.
(k) "Property" means and refers to the real property described in the Declaration, and
such additions thereto, as are now or hereafter made subject to the Declaration and to the
jurisdiction of the Association.
(1) "Surface Water or Stormwater Management System" means and refers to a system
which is designed and constructed or implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey, store, absorb,
inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental O
degradation, and water pollution or otherwise affect the quantity and quality of discharges W
from the system, as permitted pursuant to Chapters 40C-4, 40C-40 or 40C-42, Florida vn
Administrative Code. N
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ARTICLE II
LOCATION AND POWERS
Section 1. Principal Office. Until changed by vote of the Association Board of Directors,
the principal office of the Association shall be located at 906 South Fleming Street, Sebastian, FL
32958.
Section 2. Association Powers. The Association shall have all powers granted to it by law,
the Declaration, and the Articles of Incorporation, all of which powers shall be exercised by its
Board of Directors, unless the exercise thereof is otherwise restricted by the aforesaid Declaration,
the Articles of Incorporation, these By -Laws, or by law. The aforementioned powers of the
Association shall include, but not be limited to the following:
(a) All of the powers specifically provided for in the aforesaid Declaration and Chapter
617, Florida Statutes, as the same as be amended from time to time;
(b) The power to levy and collect Assessments or fees as provided in the Articles of
Incorporation, these By -Laws, and the Declaration;
(c) The power to expend monies collected for the purpose of paying the expenses of the
Association;
(d) The power to purchase equipment, supplies and material required in the maintenance,
repair, replacement, operation and management of the Common Areas;
(e) The power to purchase liability and casualty insurance, including the power to insure
and keep insured any buildings or improvements on the Common Areas;
(f) The power to employ the personnel required for the maintenance, repair, replacement,
operation and management of the Common Areas and the Association;
(g) The power to pay utility bills for utilities serving the Common Areas;
(h) The power to contract for the management of the Common Areas and the
Association;
(i) The power to make reasonable rules and regulations applicable to any or all of the _.j
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Property, to amend the rules and regulations from time to time, and to see that all Members -0
are notified of such changes in the rules and regulations as many be enacted; 0
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(j) The power to enforce by any legal means the provisions of the Articles of vn
Incorporation, the By -Laws, the Declaration, and the rules and regulations duly promulgated W
by the Association;
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(k) The power to collect delinquent Assessments or fees by suit or otherwise, to abate
nuisances, and enjoin or seek damages from Lot Owners for violation of the provisions of
the Declaration;
(1) The power to pay all taxes and Assessments which are liens against the Common
Areas or other property owned by the Association, as the case may be, and to assess the same
against the Members and their Lots;
(m) The power to select depositories for the Association funds, to determine the manner
of receiving, depositing and disbursing Association funds, and to determine the form of
check and the person or persons by whom the same shall be signed, when not signed as
otherwise provided by these By -Laws;
(n) The power to possess, enjoin and exercise all powers necessary to implement, enforce
and carry into effect the powers above described, including the power to acquire, hold,
mortgage, convey and deal in real and personal property;
(o) The power to enter into, ratify, modify and amend each and every of the agreements
and undertakings contemplated by and contained within the Declaration;
(p) The power to subscribe to and enter into a contract with any person, firm, corporation
or real estate management agent of any nature or kind to provide for the maintenance,
operation, repair and upkeep of the Association owned property and Common Areas. Said
contract may provide that the total operation of said managing agent, firm, or corporation
shall be at the cost of this Association. Said contract may further provide that the managing
agent shall be paid from time to time a reasonable fee, either stated as a fixed fee or as a
percentage of the total cost of maintenance, operation, repair and upkeep, or of the total funds
of this Association handled and managed by the managing agent;
(q) The Association shall have such powers as may be outlined in the Declaration; and
(r) The Association shall accept jurisdiction over, and have the powers and duties
imposed with respect to any lands subject to the Declaration, and any additional lands which
may hereafter be subjected to the jurisdiction of the Association by any amendment to the c
Declaration. �D
ARTICLE III _.-J
MEMBERSHIP --
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Section 1. Membership of the Association is as set forth in Article III of the Articles of C=
Incorporation of the Association. w
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Section 2. The rights of membership are subject to the payment of regular and special
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Assessments levied by the Association, the obligation of which Assessments are imposed against
each Owner of, and becomes a lien upon, that portion of the Property against which such
Assessments are made as provided in the Declaration.
ARTICLE IV
BOARD OF DIRECTORS
Section 1. The Directors of the Association shall be elected at the annual meeting of the
Members, except as otherwise specified in the Articles of Incorporation. The election shall be
decided by majority vote of all Members Entitled To Vote who are either present in person or by
proxy.
Section 2. Any Director may be removed from office at any time with or without cause by
the affirmative majority vote of the Association Members Entitled To Vote.
Section 3. The first meeting of the duly elected Board of Directors, for the purposes of
organization, shall be held immediately after the annual meeting of Members; provided the majority
of the members of the Board elected are present. Any action taken at such meeting shall be by a
majority of the whole Board. If the majority of the members of the Board elected shall not be present
at the time, or if the directors shall fail to elect officers, the meeting of the Board to elect officers
shall then be held within thirty (30) days after the annual meeting of the Board so elected, stating the
time, place and object of such meeting.
Section 4. Regular meetings of the Board of Directors may be held at any place or places
within Indian River County, Florida, on such days and at such hours as the Board of Directors may,
by resolution, designate.
Section 5. Except in case of an emergency, at least forty-eight (48) hours notice shall be
required to be given of any special or regular meeting of the Board of Directors to the general
Association membership by posting a copy of the proposed agenda, date, time, and place of the
meeting in a conspicuous place on the Property. Alternatively, if notice is not posted, notice of each
meeting must be mailed and delivered to each member at least seven (7) days before a meeting.
Notice of any Board meeting at which Assessments are to be established shall include a statement
that Assessments shall be considered and a statement of the nature of said Assessments. Directors C,
may not vote by proxy or secret ballot, except secret ballots may be used to elect officers. All �0
Members may attend any meeting of the Board of Directors, except for meetings between the Board .._
and its attorney, with respect to proposed or pending litigation where the contents of the discussion
would otherwise be governed by attorney-client privilege.
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Section 6. Special meetings of the Board of Directors may be called at any time by the C
President or by any two (2) members of the Board and may be held any place or places within Indian W
River County, Florida, and at any time. t.n
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Section 7. Notice of each special meeting of the Board of Directors, stating the time, place
and purpose or purposes thereof, shall be given by or on behalf of the President or by or on behalf
of the Secretary or by or on behalf of any two (2) members of the Board to each member of the
Board not less than three (3) days by mail, or one (1) day by telephone or telegraph, held at any place
and time without notice by unanimous waiver of notice by all the Directors.
Section 8. Minutes shall be kept of all meetings of the Association Board of Directors, and
the minutes shall be available for inspection by Members or their authorized representatives at
reasonable times. A vote or abstention from voting on each matter voted upon by each director
present at the meeting must be recorded in the minutes. The Association shall retain said minutes
for at least seven (7) years.
Section 9. Except as otherwise specified in the Articles of Incorporation, Directors
(including affiliates of the Developer) shall have the absolute right to resign at any time and the
remaining directors in office shall then fill the vacancies; provided that if all directors resign, a
special meeting of members shall be called as soon as possible for the purpose of electing new
directors and the resignations of such directors shall not be effective until such election is held and
new directors are elected. After two (2) attempts to call and hold such meeting, the resignations shall
become effective simultaneously with the date and time of the scheduled second meeting, whether
held or not or whether new directors are elected or not.
Section 10. The Board of Directors shall have the authority to establish any committee it
deems appropriate and to appoint the members thereof, including a committee to review the
qualifications of building contractors to construct homes within the Property. All committees shall
be required to conduct their meetings (regular or special), in accordance with the same notice,
quorum (majority of committee members), voting and minutes of meeting requirements as those
established for the Board of Directors, as contained within these By -Laws.
ARTICLE V
OFFICERS
Section 1. There shall be a President, at least one Vice President, and a Secretary -Treasurer.
Any officer may be removed at any time by the affirmative vote of a majority of the Board of
Directors at any duly called regular or special meeting of the Board.
Section 2. President. The President shall: --
(a) Act as presiding officer at all meeting of the Members of the Association and of the C
Board of Directors; cr.
(b) Call special meetings of the Board of Directors and of Members;
(c) Sign all checks, contracts, promissory notes, deeds, and other instruments on behalf
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of the Association, except those which the Board of Directors specifies may be signed by
other persons;
(d) Perform all acts and duties usually required of an executive to insure that all orders
and resolutions of the Board of Directors are carried out; and
(e) Appoint committees and have an ex -officio membership status on all committees, and
render an annual report at the annual meeting of Members.
Section 3. Vice President. The Vice President shall:
(a) Act as presiding officer at all meetings of the membership of the Association and of
the Board of Directors when the President is absent;
(b) Perform other acts and duties required of the President, in the absence of the
President;
(c) Perform such other duties as may be required by the Board; and
(d) Sign checks on behalf of the Association in the absence of the President.
Section 4. Chairman at Meetings In Absence of President or Vice President. Should the
President and Vice President be absent from any meeting, the remaining Directors shall select a
person to act as chairman of the meeting.
Section 5. Secret . The Secretary shall:
(a) Attend all regular and special meetings of the Members of the Association and of the
Board of Directors and maintain all records and minutes of proceedings thereof or cause the
same to be done;
(b) Have custody of the corporate seal and affix same when necessary or required; and
(c) Attend to all correspondence on behalf of the Board of Directors, prepare and serve
notices of meetings, keep membership books.
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Section 6. Treasurer. The Treasurer shall: —
(a) Have custody of all property of the Association, including funds, securities, and `s
evidences of indebtedness;
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(b) Keep the books of the Association in accordance with good accounting practices; W
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(c) Provide for collection of Assessments; and
(d) Perform all other duties incident to the office of Treasurer.
The duties of the Treasurer may be fulfilled by an assistant treasure appointed by the Treasurer.
ARTICLE VI
MEETINGS OF MEMBERS
Section 1. The regular annual meeting of the Members shall be held in the month of March
in each year at such time and place as shall be determined by the Board of Directors.
Section 2. Special meetings of the Members for any purpose may be called at any time by
the President or Treasurer, or by any two (2) or more members of the Board of Directors, or upon
written request of the Members Entitled to Vote who have a right to vote 30% of all the votes of the
entire membership. All business conducted at a special meeting shall be limited to the purposes
described in the notice of the meeting.
Section 3. Notice may be given to the Members Entitled to Vote either personally, or by
sending a copy of the notice through the mail, postage thereon fully paid, to the addresses appearing
on the records of the Association. Each Member shall register his address with the Secretary, and
notices of meetings shall be mailed to him at such address. Notice of any meeting, regular or special,
shall be mailed or personally delivered at least ten (10) days in advance of the meeting and for
regular meetings, shall set forth the general nature of the business to be transacted and for special
meetings, shall set forth the purpose or purposes for which the meeting is called; provided however,
that if any business of any meeting shall involve any action governed by the Articles of
Incorporation, notice of such meeting shall be given or sent as therein provided.
Section 4. The presence in person or by general or limited proxy at the meeting of Members
Entitled To Vote 30% of the votes of the membership shall constitute a quorum for any action
governed by these By -Laws.
Section 5. Proxies must be in writing, dated, state the date and place of the meeting for
which it was given and must be signed by all record Owners of a Lot or the person designated in a
voting certificate signed by all such Owners as the person authorized to cast the vote attributable to
such Lot.
Any proxy must be filed with the Secretary before the appointed time of each meeting, and
such proxy will be valid only for the particular meeting designated in the proxy and as may be
lawfully adjourned and reconvened from time to time. In no event shall such proxy be valid for a
period longer than ninety (90) days after the date of the first meeting for which it was given, and
every proxy shall be revocable, at any time, at the pleasure of the Member exercising it. The proxy
may be any individual that the Member Entitled To Vote desires to designate whether a Member of
the Association or not. Proxies may be used to form a quorum.
Section 6. Meetings shall be governed by Roberts Rules of Order (latest edition). The
individual designated by these By -Laws to preside at a meeting and who is present at that
membership meeting or Board of Directors meeting, may select another individual to chair the
meeting in that individual's place. The individual asked to chair the meeting may be a Member or
non -Member of the Association. During such time period as the Developer shall control by power
of appointment a majority of the Board of Directors, the chairman of any meeting of the Board of
Directors or general Members may adjourn said meeting upon said chairman's own motion and
without a vote of the Members Entitled To Vote or the Directors, as the case may be.
Section 7. Nothing herein shall be construed to prevent a Member from waiving notice of
a meeting or acting by written agreement without a meeting, on any matter concerning operation of
the Association and Common Areas, and such waiver and action by written agreement are hereby
expressly permitted.
Section 8. Minutes shall be kept of all meetings of the Association, and the minutes shall be
available for inspection by Members or their authorized representatives at reasonable times. The
Association shall retain said minutes for at least seven (7) years.
ARTICLE VII
BOOKS AND PAPERS
Section 1. Documents Available to Members. The books, records and papers of the
Association shall at all times, during reasonable business hours, be subject to the inspection of any
Member of the Association, and for a reasonable cost, Members may purchase copies of said books,
records and papers.
Section 2. Fiscal Year. The fiscal year of the Association shall begin on January 1 of each
year; provided, however, that the Board of Directors may adopt a different fiscal year, in accordance
with the provisions of the Internal Revenue Code of the United States of America, at such time as
the Board of Directors shall deem it advisable. o
Section 3. Depositories. The funds of the Association shall be deposited in a savings and --
loan association or bank(s) in Indian River County, Florida, in an account for the Association under v
resolutions duly approved by the Board of Directors, and the funds shall be withdrawn only over the
signature of the authorized officers. Said funds shall be used only for Association purposes.
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Section 4. Records. The Association shall maintain the following official records of the Cn
Association: kD
(a) Copy of plans, specifications, permits and warranties, related to improvements
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constructed on any Common Areas or other property the Association is obligated to maintain,
repair or replace;
(b) Copy of the By-laws and each amendment thereto;
(c) Certified copy of the Articles of Incorporation of the Association and all amendments
thereto;
(d) Copy of any current rules of the Association;
(e) Book of minutes of the Association general membership meeting and Board of
Directors meeting, which shall be maintained for at least seven (7) years;
(f) Current roster of all members, their mailing addresses, parcel identification and
telephone number, if known;
(g) All current insurance policies or copies thereof, which shall be maintained for at least
seven (7) years;
(h) Copy of the Declaration and each amendment thereto;
(i) A current copy of all contracts to which the Association is a party, including, without
limitation, any management agreement, lease, or other contract under which the Association
has any obligation or responsibility. All bids received by the Association for work to be
performed must be maintained for a period of one (1) year.
0) The financial and accounting records of the Association must be kept according to
good accounting practices. All financial and accounting records must be maintained for a
period of at least seven (7) years. The financial and accounting records must include:
(1) Accurate, itemized and detailed records of all receipts and expenditures.
(2) A current account and a periodic statement of the account for each Member, c
designating the name and current address of each Member who is obligated to pay
assessments, the due date and amount of each assessment or other charge against the
Member, the date and amount of each payment on the account, and the balance due. ".j
(3) All tax returns, financial statements, and financial reports of the Association. �
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(4) Any other records that identify, measure, record, or communicate financial w
information.
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Section 5. Annual statement. The Board of Directors shall present at each annual meeting
of the Members, a full and clear statement of the business and condition of the Association. This
statement shall include the annual financial report of actual receipts and expenditures.
Section 6. Insurance. The Association shall procure, maintain and keep in full force and
effect, all insurance required by the Declaration.
Section 7. Seal. The seal for this corporation shall have on it, the name of this corporation,
the year of incorporation, and words "Florida Not for Profit Corporation" or words of similar effect.
ARTICLE VIII
AMENDMENTS
Section 1. These By -Laws may be amended, at a regular or special meeting of the Members,
by 66-2/3% of the votes of Members Entitled To Vote present and voting in person or by limited
proxy; provided that the notice to the Members of the meeting discloses the information that the
amendment of the By -Laws is to be considered. However, the provisions which are governed by the
Articles of Incorporation of this Association may not be amended except as provided in the Articles
of Incorporation or applicable law. Any matters stated herein to be or which are in fact governed by
the Declaration may not be amended except as provided in such Declaration.
Section 2. In case of any conflict between the Articles of Incorporation and these By -Laws,
the Articles shall control; and in case of any conflict between the Declaration and these By -Laws,
the Declaration shall control.
ARTICLE IX
RULES OF CONSTRUCTION
Section 1. Severability. The invalidity in whole or in part of any Article, section, sub-
section, sentence, clause, phrase, word or other provision of these By -Laws, shall not affect the
remaining portions thereof, and the remaining portions thereof shall be read, as if said invalid,
illegal, or unenforceable provision had never been part of these By -Laws.
Section 2. Gender and Number. As used herein, all singular words include the plural, and
all plural works include the singular. The use of the feminine, masculine, or neuter gender includes
all genders.
Section 3. Headings and Subtitles. All subtitles and section headings used herein are for
administrative purposes only and shall not be used for substantive and interpretative purposes.
I HEREBY CERTIFY that the foregoing By -Laws of the above-named corporation were duly
adopted by the Board of Directors of said Association on the. '�Vay of 1997.
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WITNESSETH:
COLLIER CREEK ESTATES
HOMEOWNE ASSOCIATION,
II
N ?;; Flo ' C1 o tion
(signature) /Y..d.—► By:
(print name) &),*e '1ov tv t %W j�old D. dams, as President
(signature) &ab-4-W 66P�41;1
(print name)C40l,0 c
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of IA-1
. 1997, by Harold D. Adams, as President of the Collier Creek Estates
Homeowners' Association, Inc., a Florida Not for Profit Corporation, on behalf of the corporation.
He is personally known to me.
�Y CAROLYN C. HENDREN
A,-4 COMMISSION # CC 667491
001
SEAL W
� Lx� SMOM TH U Notary Publi
�pf ATLANTIC BONDING CO., INC. My Commission Number is:
My Commission Expires:
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