1987 REVISED DECLARATION OF
COVENANTS AND RESTRICTIONS FOR TIMBERCREEK
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DECLARATION OF COVENANTS AND
RESTRICTIONS FOR TIMBERCREEK
THESE 1987 COVENANTS AND RESTRICTIONS ARE THOSE CURRENTLY IN EFFECT.
THIS DECLARATION, Made this twentieth day of January, 1987 by the Property Owners of that real property referred to as "Timbercreek" and so platted in the Public Records of Palm Beach County, Florida, who declare that all such property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes hereinafter referred to as "Covenants and Restrictions") hereinafter set forth.
This Declaration supercedes the Declaration of Covenants and Restrictions originally made by the Developer, Arvida Corporation.
The following words, when used in this Declaration (unless the context shall prohibit), shall have the following meanings:
A. "Association" shall mean and refer to Timbercreek Homeowners Association, Inc., a Florida corporation not for profit. This is the Declaration of Covenants and Restrictions to which the Articles of Incorporation (the "Articles") and By-Laws (the "By-Laws") of the Association make reference. Copies of the Articles and By-Laws are attached hereto and made a part hereof as Exhibits A and B respectively.
B. "Timbercreek" or "Property" shall mean and refer to all such existing properties and additions thereto as are subject to this Declaration or any supplemental Declaration under the provisions of Article II hereof, and shall include the real property described in said Article II.
C. "Lot" shall mean and refer to any lot or other parcel in Timbercreek together with any and all improvements thereon, platted in the Public Records of Palm Beach County, Florida, on which a residential structure could be constructed whether or not one has been constructed.
D. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Property.
E. "Common Area" shall mean and refer to all real and/or personal property which the Association owns, or in which the Association has an interest (whether or not said real and/or personal property is within the boundaries of Timbercreek); including without limitation, a right of use, for the common use and enjoyment of the members of the Association. The use of the Common Area shall be restricted to park and recreational purposes.
II PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO, DELETIONS THEREFROM
Section 1. Legal Description. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the City of Boca Raton, Palm Beach County, Florida, and comprises all the parcels, platted or unplatted, within or upon the property legally described as:
III PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following:
A. The right of the Association to take such steps as are reasonably necessary to protect the Common Area against foreclosure;
B. All provisions of this Declaration, any plat of all or any part or parts of the Property, and the Articles and By-Laws of the Association;
C. Rules and regulations governing use and enjoyment of the Common Area adopted by the Association; and
D. Restrictions- contained on any and all plats of all or any part of the Coon Area or filed separately with respect to all or any part or parts of the Property.
E. The consensual right of the City of Boca Raton to any changes in the use of the Common Area as provided in Article Z, Section 7, of this Declaration.
IV MEMBERSHIP IN THE ASSOCIATION
Section 1. Membership. Every person or entity who is a record fee simple Owner of a Lot, shall be a member of the Association, provided that any such person or entity who holds such interest only as security for the performance of an obligation shall not be a member. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot which is subject to assessment.
V COVENANTS FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The owner(s) of each Lot owned by it within. Timbercreek, hereby covenants, and each Owner of any Lot (by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance) including any purchaser at a judicial sale, shall hereafter be deemed to covenant and agree to pay to the association any annual assessments or charges, and any special assessments for capital improvements or major repair; such assessments to be fixed, established and collected from time to time as hereinafter provided. All such assessments, together with interest thereon from the due date at the rate of ten percent (10:) per annum and cots of collection thereof (including reasonable attorney's fees), shall be a charge on the land and shall be a continuing lien upon the Lot(s) against which each such assessment is made, and shall also be the personal obligation of the Owner. So Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Coon Area or by abandonment.
Section 2. Purpose of Assessments. The annual and special assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in Timbercreek and in particular for the improvement and maintenance of the Common Area and of any easement in favor of the Association, including, but not limited to, the cost of taxes, insurance, labor, equipment, materials, management, maintenance and supervision thereof, as well as for such other purposes as are permissible activities of, and undertaken by, the Association.
Section 3. Maximum Annual Assessments. Except as hereinafter provided, the annual assessment, excluding any special assessment for capital improvements or major repair, shall in no event exceed $600.00 per Lot per annum. The Board of Directors of the Association (the "Board") shall fix the assessments, which shall be in amounts determined in accordance with the projected financial needs of the Association, as to which the decision of the Board of Directors of the Association shall be dispositive. By the vote of two-thirds (2/3) of the members of the Board the maximum amounts of the assessments may be varied from the amounts hereinabove set forth.
Section 4. Uniform Rate of Assessment. All regular and special assessments shall be at a uniform rate for each Lot in Timbercreek.
Section 5. Special Assessments for Capital Improvements and Major Repairs. In addition to any annual assessments, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a capital improvement as approved by the Board of Directors of the Association, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.
Section 6. Date of Commencement of Annual Assessments: Due Date. The assessments for which provision is herein made shall commence on the date or dates (which shall be the first day of a month) fixed by the Board of Directors of the Association to be the date of commencement. The due date of any assessment shall be fixed in the resolution authorizing such assessments, and any such assessment shall be payable in advance in monthly, quarterly, semi-annual or annual installments as determined by the Board.
Section 7. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement, and the amount of, the assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period and shall, at that tine, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment shall be sent to every Owner subject thereto no later than seven (7) days after fixing the date of commencement thereof.
The Association shall, upon demand at any time, furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 8. Effect of Non-Payment of Assessment: the Lien, the Personal Obligation, Remedies of Association.
The lien of the Association shall be effective from and after recording, in the Public Records of Palm Beach County, Florida, a claim of lien stating the description of the Lot encumbered thereby, the name of the Owner, the amount and the date when due. Such claims of lien shall include only assessments which are due and payable when the claim of lien is recorded, plus interest, - costs, attorney's fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided. Such claims of lien shall be signed and verified by an officer or agent of the Association. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record.
If the assessment is not paid within thirty (30) days after the delinquency date, which shall be set by the Board of Directors of the Association, ..the. assessment shall bear interest from the date due at the rate of ten percent (10%) per annum, and the Association may, at any time thereafter, bring an action to foreclose the lien against the Lot(s) in like manner as a foreclosure of a mortgage on real property, and/or a suit on the personal obligation against the Owners(s), and there shall be added to the amount of such assessment the cost of preparing and filing the complaint in such action (including a reasonable attorney's fee), and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the Court, together with the costs of the action.
Section 9. Subordination-to Lien of Mortgages. The lien of the assessments for which provision is herein made, as well as in any other Article of this Declaration, shall be subordinate to the lien of any first mortgage to a federal or state chartered bank, life insurance company, federal or state savings and loan association or real estate investment trust. Such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure, and in any other proceeding in lieu of foreclosure of such mortgage. No sale or other transfer shall relieve any Lot from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent &assessment. The written opinion of the Association that the lien is subordinate to a mortgage shall be dispositive of any question of subordination.
Section 10. Exempt Property. The Board of Directors shall have the right to exempt any of the Property subject to this Declaration from the assessments, charge and lien created herein provided that such part of the Property exempted is used (and as long as it is used) for any of the following purposes:
A. Any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use;
B. All Common Areas as defined in Article I hereof;
C. Any of the Property exempted from ad valorem taxation by the laws of the State of Florida to the extent agreed to by the Association.
Notwithstanding any provisions herein, no land or improvements devoted to dwelling or related use shall be exempt from said assessments, charges or lien.
VI EXTERIOR MAINTENANCE ASSESSMENT
Section 1. Exterior Maintenance. In addition to maintenance upon the Common Area, the Association may provide upon any Lot requiring same, when necessary in the opinion of the Board of Directors of the Association to preserve the beauty, quality and value of the neighborhood, maintenance, including paint, repair, roof repair and replacement, gutters, downspouts, exterior building surfaces, and yard cleanup and/or maintenance.
Section 2. Assessment of Costs. The cost of such maintenance shall be assessed against the Lot or Lots upon which such maintenance is performed or, in the opinion of the Board of Directors of the Association, benefiting from same. The assessment shall be apportioned among the Lots involved in the manner determined to be appropriate by the Board of Directors of the Association. If no allocation is made, the assessment shall be uniformly assessed against all of the Lots in the affected area. The exterior maintenance assessments shall not be considered a part of the annual or special assessments. Any exterior maintenance assessment shall be a lien on the Lot and the personal obligation of the Owner and shall become due and payable in all respects, together with interest and fees for the cost of collection, as provided for the other assessments of the Association, and shall be subordinate to mortgage liens to the extent provided by Section 9 of Article V herein above.
Section 3. Access at Reasonable Hours. For the purpose of performing the maintenance authorized by this Article, the Association, through its duly authorized agents or employees, shall have the right, after reasonable notice to the Owner, to enter upon any Lot or the exterior .of any improvements thereon at reasonable hours on any day except Saturday or Sunday.
VII ARCHITECTURAL CONTROL
Section 1. Necessity of Architectural Review and Approval. No improvement of structure--of -any--kind, including, without limitation, any building, fence, wall, swimming pool, tennis court, screen enclosure, sever, drain, disposal system, decorative building, landscape device or object, or other improvement shall be commenced, erected, placed or maintained upon any Lot, nor shall any addition, change or alteration herein or thereof be made, unless and until the plans, specifications and location of the same shall have been submitted to, and approved in writing by, the Association. All plans and specifications shall be evaluated as to harmony of external design and location is relation to surrounding structures and topography and as to conformance with the Architectural Planning Criteria of the Association, a copy of which is attached hereto as Exhibit C, as the same may from time to time be amended.
Section 2. Architectural Review Board. The architectural review and control functions of the Association shall be administered and performed by the Architectural Review Board (the "ABB"), which shall consist of five (5) members who need not be members of the Association. Members of the ARB shall be appointed by, and shall serve at the pleasure of, the Board of Directors of the Association. The Board of Directors shall appoint at least one (1) architect or building contractor thereto. A majority of the ARB shall constitute a quorum to transact business at any meeting of the ARB, and the action of a majority present at a meeting at which a quorum is present shall constitute the action of the ARB. Any vacancy occurring on the ARB because of death, resignation, or other termination of service of any member thereof shall be filled by the Board of Directors.
Section 3. Powers and Duties of the ARB. The ABB shall have the following - powers and duties - -
A. To recommend, from time to time, to the Board of Directors of the Association modifications and/or amendments to the Architectural Planning Criteria. Any modification or amendment to the Architectural Planning Criteria shall be consistent with the provisions of this Declaration, and shall not be effective until adopted by a majority of the members of the Board of Directors of the Association at a meeting duly called and noticed and at which a quorum is present and voting. Notice of any modification or amendment to the Architectural Planning Criteria, including a verbatim copy of such change or modification, shall be delivered to each member of the Association; provided that, the delivery to each member of the Association of notice and a copy of any modification or amendment to the Architectural Planning Criteria shall not constitute a condition precedent to the effectiveness or validity of such change or modification.
B. To require submission to the ARB of one (1) complete set of all plans and specifications for any improvement or structure of any kind, including, without limitation, any building, fence, wall, swimming pool, tennis court, enclosure, sever, drain, disposal system, decorative building, landscape device or object, or other improvement, the construction or placement of which is proposed upon any Lot in Timbercreek, together with a copy of the City of Boca Raton Tree Permit. The ARB may also require submission of samples of building materials proposed for use on any Lot, and may require such additional information as reasonably may be necessary for the Board to completely evaluate the proposed structure of improvement in accordance with this Declaration and the Architectural Planning Criteria.
C. To approve or disapprove any improvement or structure of any kind including, without limitation, any building, fence, wall, swimming pool, tennis court, screen enclosure, sever, drain disposal system, decorative building, landscape device or object, or other improvement or change or modification thereto, the construction, erection, performance or placement of which is proposed upon any Lot in Timbercreek and to approve or disapprove any exterior additions, changes, modifications or alterations therein or thereon. All decisions of the ARB shall be submitted in writing to the Board of Directors of the Association, and evidence thereof may, but need not, be made by a certificate, in recordable form, executed under seal by the President or any Vice President of the Association. Any party aggrieved by a decision of the ARB shall have the right to make a written request to the Board of Directors of the Association, within thirty (30) days of such decision, for a review thereof. The determination of the Board upon reviewing any such decision shall in all events be dispositive.
Section 1. Residential Use. The Property subject to these Covenants and Restrictions may be used for residential living units and for no other purpose. No business or commercial building may be erected on any Lot and no business may be conducted on any part thereof. No building or other improvements shall be erected upon any Lot without prior ARB approval thereof as elsewhere herein provided. No Lot shall be divided, subdivided, or reduced in size unless each divided or subdivided portion thereof is consolidated with one or more contiguous Lots under one ownership; provided that, if the ARB shall first have specifically approved the same, a Lot may be subdivided for the purpose of increasing the size of only one contiguous Lot so long as the portion of the divided Lot which remains unconsolidated as a single Lot shall be in total area at least ninety-five percent (951) as large as the then smallest Lot (in area) in Timbercreek. In the event of the subdivision and consolidation of any Lot(s) as aforesaid, the obligation for Association expenses attributable to the subdivided Lot(s) shall be and become proportionately attributable and chargeable to the contiguous Lot( s), and the Owner( s) thereof, to and with which all or portions of the divided or sub-divided Lot(s) become consolidated. In the event that one or more Lots are developed as a unit, the provisions of these Covenants and Restrictions shall apply thereto as a single Lot. Without the express prior consent and approval of the ARB, no dwelling or other structure of improvement shall be erected, altered, placed or permitted to remain on any site not including at least one (1) full platted Lot according to the recorded Plat of Timbercreek.
Section 2. No Temporary Buildings. No tents, trailers, vans, shacks, tanks or temporary or accessory buildings or structures shall be erected or permitted to remain on any Lot without written consent of the Board of Directors.
Section 3. Antennae. No aerial or antenna shall be placed or erected upon any Lot, or affixed in any manner to the exterior of any building in Timbercreek.
Section 4. Boats. and Motor Vehicles. No boats, recreational vehicles or other motor vehicles, except four wheel passenger automobiles, shall be placed, parked or stored upon any Lot, nor shall any maintenance or repair be performed upon any boat or motor vehicle upon any Lot, except within a building where totally isolated from public view.
Section 5. Trees. No tree or shrub, the trunk of which exceeds two (2) inches in diameter, shall be cut down, destroyed or removed from a Lot without the. prior-express. written consent of the ARB.
Section 6. Artificial Vegetation. No artificial grass, plants or other artificial vegetation shall be placed or maintained upon the exterior portion of any Lot, unless approved by the ABB.
Section 7. Automobile Storage Areas. No automobile garage shall be permanently enclosed or converted to other use without the substitution of another enclosed automobile storage area upon the Lot. No carports shall be permitted unless approved by the ARB and all garages shall be at least eighteen (18) feet in width. All garages must have doors that are to be maintained in a useful condition.
Section 8. Clothes Drying Area. No portion of any Lot shall be used as a drying or hanging area for laundry of any kind, it being the intention hereof that all such facilities shall be provided within the building to be constructed on a Lot.
Section 9. Landscaping. Any property which will have a home reconstructed or a new home. built. upon it due to fire, demolition, collapse, or other cause shall have landscaping reinstated. The landscape plan must be submitted to and approved by the ARB at the time of reconstruction or rebuilding. The value of the landscape work shall be not less than one thousand five hundred dollars ($1,500.00) in 1987 which sum shall be automatically increased five percent (5%) for each subsequent year and shall be evidenced by actual expenditure or a recognized nursery valuation. Lawns shall be constructed of sod laid with full coverage. An underground sprinkler system of sufficient size and capacity to irrigate all sodded or landscaped areas must be installed and maintained in good working order on all Lots.
Section 10. Nuisances. Nothing shall be done or maintained on any Lot which may be or become an annoyance or nuisance to the neighborhood. In the event of a dispute or question as to what may be or become a nuisance, such dispute or question shall be submitted to the Board of Directors, which shall render a decision in writing, which decision shall be dispositive of such dispute or question.
Section 11. Signs. No sign of any kind shall be displayed to the public view on any Lot except for the following:
Section 12. Docks, Boat Houses, Waterfront Construction, Boats and Shore Contours. No docks, bulkheads, moorings, piling, boat houses or boat shelters of any kind or any construction shall be erected on or over waterways of and within Timbercreek except by the Timbercreek Homeowner's Association. No motor powered boat of any kind shall be kept or used upon any lakes or waterways of and within Timbercreek. The area, if any, between the rear lot line of any Lot and the water's edge of any lake or other water body within the Land shall be landscaped and/or sodded and/or seeded and maintained by the Owner of said Lot as if said area were a portion of the lot owned by said Owner except the following lots (#271 through #279; #296 through #302) which area between the rear lot line of these lots and the water's edge of the lake shall be landscaped and/or sodded and/or seeded and maintained by the Timbercreek Homeowners Association. No person or persons whomsoever shall be permitted upon that portion of the Common Area lying between the rear lot line of any Lot except the following lots (#271 through #279; #296 through #302) and the waters edge of any lake or other water body within the Land except (a) the Owner from time to time of said Lot, his family, guests and invitees, or (b) an employee or contractor of the Association for the sole and exclusive purpose of performing maintenance upon and within said lake or other water body.
Section 13. Living Area. Each detached single family residence constructed upon a Lot in Blocks 1 through 6, both inclusive, and all of Block 7 except Lots 27 through 33, both inclusive of Timbercreek shall contain a minimum of one thousand four hundred (1,400) square feet of living area. Each single family residence constructed upon a Lot in Blocks 8 through 15, both inclusive and Lots 27 through 33 in Block 7, of Timbercreek shall contain a minimum of 1,800 square feet of living area. Living area as referred to in this section excludes garages and patios.
Section 14. Miscellaneous. No weeds, underbrush or other unsightly vegetation shall be permitted to grow or remain upon any Lot, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon; and in the event that any Owner shall fail or refuse to keep his Lot free of weeds, underbrush or refuse piles or other unsightly growths or objects, then the Association may enter upon. said Lot and remove the same at the expense of the Owner, and such entry shall not be deemed a trespass.
IX GENERAL PROVISIONS
Section 1. Duration and Remedies for Violation. The Covenants and Restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by the Association or the Owner of any Property subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said Covenants and-Restrictions shall automatically be extended for successive periods of ten (10) years unless an instrument signed by the then Owners of two-thirds (2/3) of the Lots has been recorded, agreeing to change or terminate said Covenants and Restrictions in whole or in part. Violation or breach of any condition, covenant or restriction herein contained shall give the Association and/or Owner(s) in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms of said conditions, covenants or restrictions, and to prevent the violation or breech of any of them, and the expense of such litigation shall be borne by the then Owner or Owners of the subject property, provided such proceeding results in a finding that such Owner was in violation of said Covenants or Restrictions. Expenses of litigation shall include reasonable attorney's fees incurred by the Association in seeking such enforcement.
Section 2. Notices. 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 mailed, post paid, 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 3. Severability. Invalidation of any one of these Covenants and Restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 4. Amendment. This Declaration may be amended at any time and from time to time upon the execution and recordation of an instrument executed by Owners holding not less than two-thirds (2/3) of the voting interests of the membership.
Section 5. Usage. Whenever used the singular shall include the plural and the singular, and the use of any gender shall include all genders.
Section 6. Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Palm Beach County, Florida.
Section 7. Consent of the City of Boca Raton. No amendment to this Declaration which would have the effect of terminating the use of Common Area as private open space for park and recreational purposes shall be adopted or effective without the consent of the City of Boca Baton, Florida, or its successor.
IN WITNESS WHEREOF, the Owners have caused these presents to be executed as required by law on this, the day and year first above written.
(Corporate Seal) By:________________________________________
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing Declaration of Covenants and Restrictions for Timbercreek vas acknowledged before me this____day of ,________1987 by John A. Wood and Abraham Glick, President and Secretary respectively of Timbercreek Homeowners Association, Inc. on behalf of the Association.
(Notarial Seal) _______________________________________
ARTICLES OF INCORPORATION
TIMBERCREEK HOMEOWNERS ASSOCIATION, INC.
III GENERAL POWERS
V VOTING AND ASSESSMENTS
VI BOARD OF DIRECTORS
VIII CORPORATE EXISTENCE
X AMENDMENT TO ARTICLES OF INCORPORATION
XII INDEMNIFICATION OF OFFICERS AHD DIRECTORS
XIII TRANSACTION IN WHICH DIRECTORS OR OFFICERS ARE INTERESTED
XIV DISSOLUTION OF THE ASSOCIATION
IN WITNESS WHEREOF, the said subscribers have hereto set their bands
and-seals this ______ day of _______________, 1987.
Signed, sealed and
delivered in the
STATE OF FLORIDA ) SS.
COUNTY OF PALM BEACH )
The foregoing instrument vas acknowledged before me this _____ day
of _________________ , 1987 by John A. Wood, Abraham Glick and Kathleen Arthur.
(Notarial Seal) ___________________________________
TIMBERCREEK HOMEOWNERS ASSOCIATION, INC.
All terms used herein which are defined in the Declaration of Covenants and Restrictions for Timbercreek shall be used herein with the same meanings as defined in said Declaration.
II LOCATION OF PRINCIPAL OFFICE
III VOTING RIGHTS AND ASSESSMENTS
1. Every person or entity who is a record fee simple owner of a Lot, shall be a member of the Association, provided that any such person or entity who holds such interest only as a security for the performance of an obligation shall not be a member. Membership shall be appurtenant to, and may not be separated from ownership of any Lot which is subject to assessment.
2. Assessments and installments thereon not paid when due shall bear interest from the date when due until paid at the rate set forth in the Declaration of Covenants and Restrictions for Timbercreek and shall result in the suspension of voting privileges during any period of such non-payment.
IV BOARD OF DIRECTORS
1. A majority of the Board of Directors shall constitute a quorum to transact business at any meeting of the Board, and the action of the majority present at a meeting at which a quorum is present shall constitute the action of the Board of Directors.
2. Any vacancy occurring on the Board of Directors because of death, resignation or other termination of services of any Director, shall be filled by the Board of Directors. A Director appointed to fill a vacancy shall be appointed for the unexpired term of his predecessor in office and until his successor shall have been elected and/or appointed and qualified.
V ELECTION OF DIRECTORS: NOMINATING AND ELECTION COMMITTEES
VI POWERS AND DUTIES OF THE BOARD OF DIRECTORS
2. It shall be the duty of the Board of Directors:
(3) To send written notice of each assessment to every member subject thereto.
D. To issue or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether any assessment has been paid. Such certificate shall be prima facie evidence of any assessment therein stated to have been paid.
VII DIRECTORS AND MEETINGS
1. The officers shall be a President, a Vice President, a Secretary and a Treasurer, and such other officers as may be determined by the Board, in accordance with the Articles of Incorporation, to be from time to time appropriate. Officers shall be members of the Association and of its Board of Directors.
2. The officers of the Association shall be elected by the Board of Directors at the first regular meeting of the Board of Directors, held following the annual meeting of the Association. New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his successor shall have been duly elected and qualified.
3. A vacancy in any office because of death, resignation, or other termination of service, may be filled by the Board of Directors for the unexpired portion of the term.
4. All officers shall hold office at the pleasure of the Board of Directors; except that if an officer is removed by the Board, such removal shall be without prejudice to the contract rights, if any, of the officer so removed.
5. The President shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board of Directors are carried out and sign all notes, checks, leases, mortgages, deeds and all other written instruments.
6. The Vice President, or the Vice President so designated by the Board of Directors if there is more than one (1) Vice President, shall perform all the duties of the President in his absence. The Vice Presidents) shall perform such other acts and duties as may be assigned by the Board of Directors.
7. The Secretary shall be ex officio the Secretary of the Board of Directors, and shall record the votes and keep the minutes of all proceedings in a book to be kept for the purpose. Be shall sign all certificates of membership. Be shall keep the records of the Association. Be shall record in the book kept for that purpose all the names of the members of the Association together with their addresses as registered by such member.
8. The Treasurer or his appointed agent shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors, provided, however, that a resolution of the Board of Directors shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board. The Treasurer may, but need not, be a required signatory on checks and notes of the Association.
9. The Treasurer, or his appointed agent, shall keep proper books of account and cause an annual audit of the Association books be made by a certified public accountant at the completion of each fiscal year. He or his appointed agent shall prepare an annual budget and an annual balance sheet statement and the budget and balance sheet statement shall be open for inspection upon reasonable request by a member.
10. The salaries, if any, of the officers and assistant officers of the Association shall be set by the Board of Directors.
11. No member shall serve on the Board of Directors for more than four (4) consecutive years following their first election and no officer shall serve in the same office for more than two (2) consecutive years.
Each standing committee, other than the ARB, shall consist of a chairman and two (2) or more members and shall include a member of the Board of Directors. The committees (except the ARB) shall be appointed by the Board of Directors within thirty (30) days after each annual meeting of the Board of Directors, to serve until succeeding committee members have been appointed. The Board of Directors may appoint such other committees as it deems advisable.
X BOOKS AND PAPERS
The foregoing were adopted as the By-Laws of Timbercreek Homeowners Association, Inc. a corporation not for profit under the laws of the State of Florida, on December 2, 1986.
John A. Wood, President
Abraham Glick, Secretary
ARCHITECTURAL PLANNING CRITERIA
WHEREAS, the Declaration of Covenants and Restrictions for Timbercreek as recorded in Official Records Book 33, at Pages 21 through 23, of the Public Records of Palm Beach County, Florida provides that Timbercreek Homeowner's Association shall form a committee known as the Architectural Review Board (the "ARB"); and
WHEREAS, the above-referenced Declaration of Covenants and Restrictions for Timbercreek provides that the Board of Directors of Timbercreek Homeowner's Association, Inc. (the "Association") on recommendation of said committee shall adopt and modify or amend from time to time Architectural Planning Criteria for Timbercreek which criteria are to be set forth in writing and made known to all owners and all prospective owners in Timbercreek;
NOW, THEREFORE, the Association has appointed a committee to be known as the ARB, and in accordance with the duties and obligations imposed upon said committee by the Declaration of Covenants and Restrictions for Timbercreek, the Board of Directors of the Association, upon recommendation of the ARB, does hereby adopt the following Architectural Planning Criteria:
The size and design of all signs shall be subject to approval by the ARB.
If one owner elects to purchase two (2) adjoining lots and use one for recreation purposes, the lot used for recreation purposes must be adequately screened by landscaping and/or walls or fences on both the front and side as required by the ARB. It shall be the intent of the ARB to screen any such use from public view.
ARTICLE VI - BOARD OF DIRECTORS
The affairs of the Association shall be managed by a Board of Directors consisting of five (5) Directors. Directors shall be members of the Association and residents of Florida. Each Director shall be elected at the Annual General meeting by the plurality vote of members present in person, by ballot submitted or by proxy and shall serve for a term of two (2) years. Directors shall serve until their successor is duly elected or until removed from office (with or without cause) by the affirmative vote of a majority of the members of the Association. In the event that a Director misses three consecutive regular meetings of the Board of Directors, without obtaining the consent of the remainder of the Board, which consent shall not be unreasonably withheld, that Director shall be deemed to have resigned from the Board, effective the day of the third missed meeting. Any Director that remains delinquent in his or her assessments, as provided in the Declaration of covenants and Restrictions for Timbercreek, for thirty (30) days after the delinquency date defined therein, without a bona fide dispute as to the assessment, shall be deemed to have resigned from the Board, effective with the first meeting of the Board following the thirtieth (30th) day of delinquency.
BY-LAW VII - DIRECTORS AND MEETINGS
1. The annual meeting of the Association shall be held within forty-five (45) calendar days of the end of each year at an appropriate time and place designated by the board. Regular meetings of the Board of Directors shall be held at such time and place as provided by appropriate resolution of the Board of Directors. Special meetings of the Association may be called by the President, orb the Vice President or Secretary, upon the written request of at least one-third (1 3 of the membership. At any meeting of the membership, unless otherwise so provided, the presence in person orb proxy o persons entitled to cast the votes o one-third 1 3 of the membership of the Association shall constitute a quorum.
BY-LAW IX - COMMITTEES
Each standing committee, other than the ARB shall consist of a chairman and two (2) or more members and shall include a member of the Board of Directors. The committees (except the ARB) shall be appointed by the Board of Directors within thirty (30) days after each annual meeting of the Board of Directors, to serve until succeeding committee members have been appointed. Notwithstanding the foregoing, the term of each committee member shall expire on the day of the first regular board meeting following the annual meeting each year. The Board of Directors may appoint such other committees as it deems advisable.
1987 REVISED DECLARATION OF COVENANTS & RESTRICTIONS
Page 14 Section V - VOTING AND ASSESSMENTS
Page 4 Section 8 - EFFECT OF NON-PAYMENT OF ASSESSMENT: the Lien,
the Personal Obligation, Remedies of the Association.
This instrument was prepared by
and should be return to:
Robert B. Burr, Esq.
Sachs, Sax & Klein, P.A.
Post Office Box 810037
Boca Raton, Florida 33481-0037
CERTIFICATE OF AMENDMENT
1987 REVISED DECLARATION OF COVENANTS AND RESTRICTIONS
THIS CERTIFICATE OF AMENDMENT TO THE 1987 REVISED DECLARATION OF COVENANTS AND RESTRICTIONS FOR TIMBERCREEK is made this 22nd day of September, 1998, by the President and Secretary of the Timbercreek Homeowners Association, Inc. ("Association").
W I T N E S S E T H:
WHEREAS, the 1987 Revised Declaration of Covenants and Restrictions for Timbercreek("Declaration") has been filed in Official Records Book 5834, Page 600 of the Public Records of Palm Beach County, Florida, and established covenants running with the land therein described;
WHEREAS, Article IX, Section 4 of the Declaration provides that the Declaration may be amended by approval of Owners holding not less than two-thirds(2/3) voting interests of the membership of the Association.
WHEREAS, the Association desires that the attached amendments to the Declaration be certified of record as notice to all current and future owners of property subject to the Declaration of the contents of said amendments.
NOW THEREFORE, the President and Secretary of the Association hereby certify that:
1. That the amendments to the Declaration regarding bulk cable television, attached hereto and incorporated herein as Exhibit "A" was duly adopted by owners holding greater than a two thirds(2/3) vote of the membership of the Association.
2. The approval and adoption of the amendments by the Owners has been recorded in the minutes of the Association and said approval is unrevoked.
IN WITNESS WHEREOF, the undersigned have set their hand and seal this 22 day of September, 1998.
Witnesses (as to both):TIMBERCREEK HOMEOWNERS ASSOCIATION, INC.
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this 22 day #9; of Sept 1998 by
Paul Mack and Kevin Loughrey , as President and Secretary, respectively of TIMBERCREEK HOME WNERS ASSOCIATION, INC., a Florida not-for-profit corporation, on behalf of the corporation. They are personally known to me or have produced as identification.
Sandra Haag - Doyle
Notary Public, State of Florida
DOROTHY H. WILKEN CLERK PB COUNTY, FL
AMENDMENTS* TO THE
1987 REVISED DECLARATION OF COVENANTS AND
RESTRICTIONS FOR TIMBERCREEK
1. Article V, COVENANTS FOR MAINTENANCE ASSESSMENTS, Section 2,
Purpose of Assessments, of the Declaration, shall be amended to read as follows:
Section 2. Purpose of Assessments. The annual and special assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety arid welfare of the residents in Timbercreek and in particular for the improvement and maintenance of the Common Area and of any easement in favor of the Association, including, but not limited to, the cost of taxes, insurance, labor, equipment, materials management, maintenance and supervision thereof, the costs and fees to provide cable television services to the residents of Timbercreek pursuant to a bulk contract between the Association and a cable television provider, as well as for such other purposes as are permissible activities of, and undertaken by, the Association.
2. Article IX , GENERAL PROVISIONS, of the Declaration, shall be amended by the addition of a new Section 8, Bulk Cable Television, which shall read as follows:
Section 8. Bulk Cable Television. The Association, through its Board of Directors, may enter into a bulk contract for the provision of cable television service to the residents of Timbercreek. The costs and fees for the provision of such cable television service shall be part of the annual assessments assessed against all the Lots in Timbercreek. The Association shall have all the rights provided in Article V of this Declaration to impose and collect such costs and fees as assessments against all the Lots. The Association may suspend cable television service to a Lot if the Owner of the Lot is delinquent in payment of assessments to the Association.
*Added language in the text is underlined.
Timbercreek Amendment 0001
FL Statute 720 Quorum
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