Neighborhood
News National
news/weather Resident
Directory Photo
galleries Map
of neighborhood Marketplace Movie
times Pollen
report Lottery
numbers Community Pool Basketball/Tennis Covenants/By-laws
Search
Board Members Board Meeting Minutes
Secret
Woods Webcam
About Secret Woods Questions & Answers
Contact Us Community
Websites
 |
 |
 |
|
Covenants
Click
here for by-laws
Important Covenants
Secret Woods Home Association, Inc. has and will always enforce
its Covenants and Restrictions. Always check with the
Board of Directors or the Architectural Review Committee before
adding any structure to your home.
Please make every attempt to keep up the outside appearance
of your home including fences, garage doors and yards. Two
items that are always discussed that the neighbors would like
improved include neighbors parking their automobiles in
the street and dog excrement in yards of owners without
dogs. Please understand that lot owners without dogs do
not wish to be faced with the dark side of pet ownership. Loss of Privileges Non-Payment of Dues No Building, Fence, Wall or Other Structure Commenced In the event said Board or its designated committee fails to
approve or disapprove such design and location within thirty
(30) days after said plans and specifications have been
submitted to it, approval will not be required and this Article
will be deemed to have been fully complied with. This
Article shall not be applicable to any such activity conducted
by or on behalf of the Developer and Builder. No Sheds, Shacks or Trailers Likewise, any contractor or salesperson may maintain a
trailer or portable construction shack of attractive
design on any Lot used in connection with the construction or
sale of houses being built in the subdivision for no longer than
thirty-six (36) months. No Signs, Unless "For Rent" or "For
Sale" Not more than two dogs or two cats or four birds (excluding
parrots) or four rabbits may be kept on a single Lot for the
pleasure and use of the occupants, but not for any commercial or
breeding use or purposes. If the animal or animals become
dangerous or an annoyance or nuisance in the neighborhood or to
nearby property or destructive of wildlife, they may not
thereafter be kept on the Lot. Birds and rabbits shall be kept caged at all times. If you
have recently moved to Jacksonville, the city has very strict
animal control regulations. Yards must be maintained, included mowed, edged and shrubs
clipped Each Lot Owner shall prevent the occurrence of any unclean,
unsightly or unkempt conditions of buildings or grounds of any
Lot or unit which shall tend to decrease or adversely affect the
aesthetic appearance of the development of specific areas
therein. No Commercial Signs on Cars Association may correct violations Association may take legal action If any person, firm, corporation or other entity shall
violate or attempt to violate any of these Covenants and
Restrictions, it shall be lawful for the Association or any
person or persons owning any Lot on said land to (a) prosecute
proceedings at law for the recovery of damages against those
violating or attempting to violate such Covenants and
Restrictions; and, (b) prosecute proceedings at equity for the
purpose of preventing or enjoining all or any such violations,
PROVIDED, HOWEVER, that the Owner or occupant of any residence
on any Lot shall not have the right or cause of action for
damages or to maintain a proceeding in equity or any claim
whatsoever against any building and/or construction company for
violating Section 3, Article VI, of the Covenants and
Restrictions. The remedies contained in this paragraph
shall be construed as cumulative of all other remedies no or
hereafter provided by law. The failure of the Association to enforce any Covenant or
Restrictions or any obligation, right, power, privilege,
authority or reservation herein contained, however long
continued, shall in no event be deemed as a waiver of the right
to enforce the same thereafter as to the same breach or
violation thereof occurring prior or subsequent thereto.
Lot Owners found in violation of these restrictions shall be
obliged to pay a reasonable attorney's fee to the successful
plaintiff in all actions seek to prevent, correct or enjoin such
violations or in damage suits thereon. All restrictions herein
contained shall be deemed several and independent. The invalidity of one or more restrictions or any part
thereof shall in no way impair the validity of the remaining
restrictions or part thereof. Rules Adopted By the Board of Directors Satellite Dish Requirement (unanimously passed June 16,
1997) Resolved, that 1. Satellite dishes should not be visible from the street. Fence Construction and Maintenance - Architectural Review The Board of Directors on July 8, 1997 RESOLVED, that fences
must be: 1. Installed with the good side facing the outside. Infraction Letters Beginning in 1997, the Board of Directors began issuing
Infraction Letters to neighbors who violated the Covenants and
Restrictions. The first letter is a reminder letter
informing the lot owner of the type of infraction and what
measures may be taken. If the existing infraction is not
corrected in the time allowed, a second more formal letter
notifying the homeowner of pending action to be taken. If this final letter is ignored, the Board has provisions to
take this infraction to an attorney to begin legal proceedings. This process was started as an effort to keep our
neighborhood special. Please understand that if you receive an
infraction letter, that you are not being singled out. Finally,
the Board is prepared to take final action on those who do not
comply with the Covenants and Restrictions. If one lot owner is
allowed to breach the Covenants without action, it opens a
window of opportunity for repeat occurrences. As a neighbor in Secret Woods Home Association, you have all
signed these Covenants and Restrictions at your real estate
closing, stating that you comply with these rules. Home
Association Covenants and Restrictions are highly respected
among the state court judges and strictly enforced. Childish Pranks Vs Vandalism In 1997, your home association was required to pay for
repairs to the pool bathrooms that were caused by vandalism. The
vandalism included tearing toilet roll holders from the walls,
ripping wallpaper and breaking water pipes. Other damage around
the neighborhood occurred including the removal of one of the
mailbox light fixtures. Please remind your children that damaging property is a crime
(not a prank) and also that they should report strange children
in our neighborhood who may be damaging items. It may be these
children that are giving Secret Woods children a bad name. At the January 1998 Board meeting, a neighbor sadly described
how her yard had been the target of toilet paper wrapping. This,
too, is not a prank, but damages the property and the look of
the entire neighborhood. Speeding The speed limit inside Secret Woods should be 15 to 20 miles
per hour. At this speed you can enter the neighborhood and
arrive at the last house in the back of the neighborhood within
a minute and a half. Please report speeders to the Home
Association. Small children are playing near the roads, and we
do not need a tragedy to focus our attention on this issue.
Complete copy of the covenants begin here
Vol 5800pg 750 Official Records DECLARATION
OF COVENANTS, CONDITIONS, EASEMENTS AND
RESTRICTIONS FOR SECRET WOODS THIS
DECLARATION, made on the date hereinafter set forth by NORTH
FLORIDA BUILDERS, INC., a Florida Corporation, hereinafter
referred to as “builder”; and REAL FUND DEVELOPMENT CORP., a
Florida Corporation, hereinafter referred to as “Developer”,
said parties hereinafter collectively referred to as “Declarants.”
There are or may be other persons who hold fee simple
title or liens against the Properties, who shall not be
Declarants, but who shall join in the execution of this
instrument to subordinate their rights in the Properties. W
I T N E S S E T H : WHEREAS,
Declarants are the owners of the Properties, except Lot 8,
described on the plat of Secret Woods, as recorded in Plat Book
39, Pages 39, 39A, 39B, 39C, and 39D, of the current public
records of Duval County, Florida, hereinafter referred to as the
“Properties.” NOW,
THEREFORE, Declarants, hereby declare that all of the
Properties, including Lot 8, Secret Woods, described above shall
be held, sold and conveyed subject to the following easements,
restrictions, covenants, and conditions, which are for the
purpose of protecting the value and desirability of, and which
shall run with, the real Properties and be binding upon all
parties having any right, title or interest in the described
properties or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof. ARTICLE
I DEFINITIONS Section
1:
“Association” shall mean and refer to the Secret
Woods Homeowners Association, Inc., its successors and assigns. Section
2:
“Owner” shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title
to any Lot which is part of the Properties, including contract
sellers, but excluding those having such interest merely as
security for the performance of an obligation. Section
3:
“Properties” shall mean and refer to the properties
described on the Plat of SECRET WOODS, according to plat thereof
recorded in Plat Book 39, pages 39 through 39D, inclusive, of
the current public records of Duval County, Florida, and such
additions thereto as may be hereafter brought within the
jurisdiction of the Association. Section
4:
“Common Area” shall mean and refer to all real
Property (including the improvement thereto) now or hereafter
owned or maintained by the Association for the common use and
enjoyment of the Section
5:
“ Section
6:
“Declarants” shall mean and refer to North Florida
Builders, Inc., a Section
7:
“Stormwater Management System” shall mean and refer
to the designed features of the Properties which collect,
convey, channel, hold inhibit or divert the movements of
stormwater, as more particularly described on Exhibit “B”
attached hereto and by this reference made a part hereof. ARTICLE
II PROPERTY
RIGHTS Section
1:
Owners’ Easements of Enjoyment.
Every Owner shall have an easement of ingress and egress
and right of enjoyment in and to the Common Area owned by the
Association which shall be appurtenant to and shall pass with
the title to every a)
the right of the
Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon the Common
Area owned by the Association; b)
the right of the
Association to suspend the voting rights and right to use the
recreational facilities of an Owner for any period during which
any assessment against his Lot remains unpaid, and, for a period
not to exceed sixty(60) days, for any infraction of its
published rules and regulations; c)
the right of the
Association to dedicate or transfer4 all or any part of the
Common Area to any public agency, authority or utility for such
purposes and subject to such conditions as may be agreed to by
the members. No such
dedication or transfer shall be effective unless an instrument
agreeing to such dedication or transfer signed by two-thirds of
each class of members has been recorded. Section
2:
Delegation of Use. Any Owner may delegate in
accordance with the By-laws, his right of enjoyment to the
Common Area owned by the Association and facilities to the
members of his family, his tenants or contract purchasers who
reside on the Property. Section
3:
ARTICLE III MEMBERSHIP AND VOTING
RIGHTS Section
1.
Every Owner of a Section
2:
The Association shall have two classes of voting
membership:
Class A:
Class A members shall be all Owners, with the exception
of the Developers and Builders, and shall be entitled to one
vote for each
Class B:
Class B member (s) shall be the Developer and Builder and
shall be entitled to three (3) votes for each a)
When the total
votes outstanding in the Class A membership equal the total
votes outstanding in the Class B membership; or b)
On ARTICLE
IV COVENANT
FOR MAINTENANCE ASSESSMENTS Section
1.
Creation of the Lien and Personal Obligation of
Assessments. The
Declarants, for each Lot owned within the Properties, hereby
covenant, and each Owner of any Lot by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed,
is deemed to covenant and agree to pay to the Association:
(1) annual assessments or charges;
(2) an initial capital contribution to the Association in
the amount of $800.00 to defray operating costs of the
Association; and (3) special assessments for capital
improvements, such assessments to be established and collected
as hereinafter provided. The
annual and special assessments, together with interest, costs
and reasonable attorney’s fees, shall be a charge on the land
and shall be a continuing lien upon the Property against which
each such assessment is made.
Each such assessment, together with interest, costs and
reasonable attorney’s fees, shall also be at the personal
obligation of the person who was the Owner of such Property at
the time when the assessment fell due.
In the event there is more than one Owner of any given Section
2.
Purpose of Assessments.
The assessments levied by the Association shall be used
exclusively to: (1)
promote the recreation, health, safety and welfare of the
residents in the Property; and,
(2) for the improvement and maintenance of the Stormwater
Management System, Common Areas, and entranceways into said
Property from Goodnow Road and Tiger Hole Road and located on
Lots 1, 111, 126 and 127, including, but not limited to, fences,
landscaping and other improvements thereon for the
beautification of said entranceways together with the two
islands located in the public right-of-way at each of said
entrances. Section
3.
Maximum Annual Assessment.
Until January 1 of the year immediately following the
conveyance of the first a)
From and after
January 1 of the year immediately following the conveyance of
the first b)
From and after
January 1 of the year immediately following the conveyance of
the first Lot to an Owner, the maximum annual assessment may be
increased above 10% by vote of two-thirds (2/3) of each class of
members who are voting in person or by proxy at a meeting duly
called for this purpose. c)
The Board of
Directors may fix the annual assessment at an amount not in
excess of the maximum. Section
4.
Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above,
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 coast of any construction,
reconstruction, repair or replacement of a capital improvement
upon the Common Area, including fixtures and personal property
related thereto, provided that any such assessment shall have
the assent of two-thirds (2/3) of the quorum at a meeting duly
called for this purpose. Section
5.
Notice and Quorum for Any Action Authorized Under
Section 3 and 4. Written
notice of any meeting called for the purpose of taking any
action authorized under Section 3 or 4 shall be sent to all
members not less than thirty (30) days nor more than sixty (60)
days in advance of the meeting.
At the first such meeting called, the presence of members
or of proxies entitled to cast sixty percent (60%) of all the
votes of each class of membership shall constitute a quorum.
If the required quorum is not present, another meeting
may be called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting.
No such subsequent meeting shall be held more than sixty
(60) days following the preceding meeting. Section
6.
Uniform Rate of Assessment.
Both annual and special assessments must be fixed at a
uniform rate for all Lots and may be collected on a monthly
basis. Section
7.
Date of Commencement of Annual Assessments; Due Dates.
The annual assessments provided for herein shall commence
as to a Lot on the first day of the month following the
conveyance of the Common Area to be owned by the Association to
the Association, excepting however that there shall be no
assessment due on any Lot which is vacant or any Lot which is
improved by an unoccupied, unsold home in which Declarants own
any interest. Notwithstanding
the foregoing, those Lots from which Declarants derive any
rental income or hold an interest as Mortgagee or Seller under
an Agreement for Deed, shall be assessed in the same manner and
amount as owner occupied Lots, prorated as of and commencing
with, the first day of the month following the execution of the
rental agreement, mortgage or Agreement for Deed or upon a
tenant’s entry into possession, whichever shall first occur. Initial
annual assessments shall be adjusted according to the number of
months remaining in the calendar year.
The Board of Directors shall fix the amount of the annual
assessment against each Section
8:
Effect of Non-payment of Assessments; Remedies of the
Association. Any
assessment not paid within thirty (30) days after the due date
shall bear interest from the due date at the rate of ten percent
(10%) per annum or at the maximum legal rate, whichever is
higher. The
Association may bring an action at law against the Owner
personally obligated to pay the same or foreclose the lien
against the Property. No
Owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of the Common Area or
abandonment of his Section
9:
Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be
subordinate to the lien of any first mortgage.
Section
10.
Except Property.
All properties dedicated to and accepted by a local
public authority or private utility provider and all properties
owned by a charitable or non-profit organization exempt from
taxation by the laws of the State of Florida shall be exempt
from the assessments created herein, except however that no land
or improvements devoted to dwelling use shall be exempt from the
assessments created herein, (except as described in Section 7 of
this Declaration). ARTICLE
V ARCHITECTURAL
CONTROL No
building, fence, wall or other structure shall be commenced,
erected o9r maintained upon the Properties;
nor shall any exterior addition, change or alteration of
any structure be made; nor
shall any radio, television aerial or antenna or other
exterior electronic or electrical equipment
or device be installed on the Properties;
not shall any mailbox, newspaper box or other receptacle
of any kind for use in the delivery of mail, newspapers,
magazines or similar materials be installed or located on the
Properties; nor
shall any window air-conditioner be placed on any window facing
a street until the plans and specifications showing the nature,
kind, shape, height and materials, and location of the same
shall have been submitted to and approved in writing as to
harmony of external design and location in relation to
surrounding structures and topography by the Board of Directors
of the Association or by an Architectural Control Committee
composed of three (3) or more representatives appointed by the
Board. In the event
said Board or its designated committee fails to approve or
disapprove such design and location within thirty (30) days
after said plans and specifications have been submitted to it,
approval will not be required and this Article will be deemed to
have been fully complied with.
This Article shall not be applicable to any such activity
conducted by or on behalf of the Developer and Builder. ARTICLE
VI USE
RESTRICTIONS Section
1.
Land Use and Building Type.
Unless approval in writing is given by the Developer and
Builder prior to the cessation of Developer’s and Builder’s
Class B membership in the Association, and except as authorized
by Section 6 of this Article, (a) no Lot shall be used except
for residential purposes and for associated purposes such as for
easements and for storm drainage;
(b) no building shall be erected, altered, placed or
permitted to remain on any Lot other than on e detached
single-family dwelling not to exceed two and one-half (2 ½)
stories in height and a private garage for not more than two
cars; and, (c) no
building situated on any Lot shall be rented or leased
separately from the rental of the entire Lot;
provided that nothing herein contained shall be construed
to prevent Developer and Builder from subjecting any Lot to a
right-of-way for road purposes or to road or utility easements
and, if a Lot is so burdened, the Developer and Builder may
elect not to apply the restrictions herein, or some of them, to
such Lot. Section
2.
Easements.
(a)
The Developer and Builder hereby reserve an easement
privilege and right on, over and under the easements shown on
the Plat of SECRET WOODS to erect, maintain and use electric and
telephone wires, cables, conduits, water mains, drainage lines
or drainage ditches or drainage lakes and ponds, sewer and other
suitable equipment for drainage and sewage disposal purposes or
for the installation, maintenance, transmission and use of
electricity, gas, telephone, lighting, heating, water, drainage,
sewage and other conveniences or utilities (whether such
easements are shown or said Plat to be for drainage, utilities
or other purposes). The
Developer and Builder shall have the unrestricted right and
power of alienating and releasing the privileges, easements
and/or rights referr4ed to in the paragraph.
The Owners of the Lots subject to the privileges, rights
and easements referred to in this paragraph shall acquire no
right, title or interest in or to any wires, cables, conduits,
pipers, mains lines or other equipment or facilities placed on,
over or under the Property which is subject to said privileges,
rights and easements. (b)
In the event that
any Lot in the said Plat is subdivided, then the side Lot line
will be deemed to have been moved according to its new
dimensions and the former side line easement, as well as the
side line restriction in Section 5, Article VI, will be deemed
to follow on each side of the new Lots thus created. (c)
Within the
aforesaid easements, no structure, planting or other material
shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities or
which may change, obstruct or retard the direction or flow of
water through drainage channels in the easements or in existing
drainage ponds and lakes. The
easement area of each (d)
Easements for
vehicular and pedestrian ingress and egress and for the
installation, operation and maintenance of utilities and
drainage facilities are reserved in, under, over and through all
streets, roads, drives, courts, lanes, ways and rights-of-way on
the aforesaid recorded Plat.
These easements shall be terminable in whole or in part
by a local public authority or utility of the applicable
easement area. (e)
Vehicular ingress
and egress is prohibited over and across “Non-access
Easements” as reserved on the aforesaid Plat of Secret Woods. Section
3.
Motorists’ Vision to Remain Unobstructed.
No fence, wall, hedge, shrub, bush, tree or other things,
natural or artificial may be placed or located or maintained on
any Section
4.
Minimum Square Footage for any Principal Residence. No
residence which is the principal residence on a Lot shall be
erected or allowed to remain on any Lot in SECRET WOODS unless
the square footage of heated living thereof, exclusive of
porches, garages and storage rooms, shall equal or exeed 1,500
square feet. Section
5.
Set Back for All Structures.
No building shall be located on any Lot nearer than
twenty (20) feet to the front Lot line (except in the case of a
corner lot where a font setback of 20 feet shall be provided on
one frontage, and a setback of 10 feet shall be provided on the
other frontage) nor nearer than 10 feet to the rear lot line,
PROVIDED, HOWEVER, that those portions of Lot 16 through 27 29
through 40, 72 through 90, 102 through 103, and Tract “C”
inclusive, which are designated as an Unobstructed Easement as
shown on the Plat of Secret Woods shall not be filled, developed
or fenced and no structure or any other improvement of any type
shall be placed on said portion of Lots 16 through 27, 29
through 40, 72 through 90, 102 through 103, and Tract “C’,
inclusive. No
building shall be located nearer than 5 feet to any side lot
line, provided that the combined side years shall not be less
than 15 feet. Section
6.
Other Structures.
No other improvements or structure, whether attached or
detached, shall be erected or placed on a Section
7.
Resdubdividing or Replatting.
Developer reserves the right to resubdivide or replat any
Lot or Lots shown on said Plat including, but not limited to,
the right to resubdivide or replat any Lot for right-of-ways,
road purposes and easements, provided that no residence shall be
erected upon, or any resident allowed to occupy said replatted
or resubdivided Lot or fractional part or parts thereof, having
an area less than the Zoning Regulations for the Consolidated
City of Jacksonville, Florida, and the restrictions herein
contained shall apply to each Lot as replatted or resubdivided
except any Lot or Lots resubdivided for road purposes or
easements. Section
8.
No Parking of Vehicles, Boats, Etc.
Except for occupant’s private automobiles bearing no
commercial signs, no wheeled vehicles of any kind, boats or any
other offensive objects may be kept or parked between the paved
road and the residential structures except as hereinafter
provided. Such
vehicles or objects may be kept completely inside a garage
attached to the main residence.
Private automobiles of guests of the occupants may be
parked in such driveways, and other vehicles may be parked in
such driveways during the times necessary for pickup and
delivery service and solely for the purpose of such service.
No wheeled vehicle or boat shall be kept or parked in
front or side yard of any Section
9.
No Overhead Wires.
All telephone, electric and other utility lines and
connections between the main utilities lines and the residence
and other buildings located on each Section
10.
Completion of Commenced Construction.
When the construction of any approved building is once
begun, work thereon shall be prosecuted diligently and
continuously until the full completion thereof.
The main residence and all related structures shown on
the plans and specifications approved under Article V hereof must
be completed within eight (8) months after the start unless such
completion is rendered impossible as the direct result of
strikes, fires, national emergencies or natural calamities.
At the commencement of construction, the property Owner
shall install at his expense a suitable paved driveway from the
paved portion of the abutting street to the location of his
garage entrance. During
the construction on any Section
11.
No Picnic Areas Prior to Construction.
No picnic areas and no detached outbuildings shall be
erected or permitted to remain on any Section
12.
No Sheds, Shacks or Trailers.
No shed, shack, trailer, tent or other temporary or
movable building or structures of any kind shall be erected or
permitted to remain on any Section
13.
Residing Only in Residence.
No trailer, basement, garage or any outbuilding of any
kind other than a guest house or servants’ quarters, even if
otherwise permitted hereunder to be or remain on a Lot, shall be
at any time used as a residence either temporarily or
permanently, except that a trailer may be used for office
purposes during the period of construction of the main
residence. Section
14.
Signs. (a)
No sign of any
character shall be displayed or placed upon any Lot except
“FOR RENT” or “FOR SALE” signs, which signs may refer
only to the particular premises on which displayed, and shall be
of materials, size, height and design approved by the
Architectural Control Committee, which approval shall not be
unreasonably withheld. The
Owner of any (b)
Nothing contained
in these Covenants and Restrictions shall prevent the Developer
or Builder or any person designated by the Developer or Builder
from erecting or maintaining such commercial and display signs
and such temporary dwellings, model houses and other structures
as the Developer or Builder may deem advisable for development
purposes. Section
15.
Pets. Not
more than two dogs or two cats or four birds (excluding parrots)
or four rabbits may be kept on a single Section
16.
Upkeep and Maintenance of Dwelling and Lots.
Each Lot Owner shall prevent the occurrence of any
unclean, unsightly or unkept conditions of buildings or grounds
on any Section
17.
No Offensive Activities.
No illegal, noxious or offensive activity shall be
permitted or carried on on any part of any ARTICLE
VII LAKES
AND PONDS Section
1.
Maintenance.
Certain Lots contained within the Properties are adjacent
to or contain Lakes or Ponds constituting a portion of the
Stormwater Management System for SECRET WOODS.
The Owner of each such Lot shall maintain the Lot so that
grass, plantings or other lateral support of the embankment
shall prevent erosion of the embankment and so that said
embankment shall be kept in a clean, neat and orderly condition;
however, the height, grade and contour of the embankment shall
not be changed without the prior written consent of the
Architectural Control Committee.
The cost of maintenance of the embankments and land areas
abutting the actual water line of the Section
2.
Structures.
No docks or other structures shall extend into the Section
3.
Activities.
No fishing, swimming or boating of any type shall be
permitted on Lakes or Ponds situated within the Properties.
No activities constituting a nuisance shall be conducted
upon the Lakes or Ponds and no rubbish, trash, garbage, or other
discarded items shall be deposited in the Lakes of Ponds. Section
4.
Access for Maintenance.
The Association, its authorized agents and assigns shall
have an easement for ingress and egress to, from and upon the
Lakes and Ponds located in SECRET WOODS for the purpose of
inspecting and maintaining said Lakes and Ponds in accordance
with the terms of this Declaration. Section
5.
Maintenance of Other Easements of Stormwater
Management System.
All other elements of the Stormwater Management System
that are not maintained by the City of ARTICLE
VIII GENRAL
PROVISIONS Section
1.
Association May Correct Violations.
Wherever there shall have been built or there shall exist
on any building Lot any structures, building, thing or
conditions which is in violation of these Covenants and
Restrictions, the Association shall have the right, but no
obligation, after ten (10) days written notice has been given to
the Property Owner of such violation, to enter
upon the Property where such violation exists and
summarily to abate, correct or remove the same, all a the
expense of the Owner of such Property, which expense shall be
payable by such Owner to the Association, on demand, and such
entry and abatement, correction or removal shall not be deemed a
trespass or make the Association liable in any way for any
damages or account thereof. Section
2.
Approval of Developer.
Wherever in these Covenants and Restrictions the consent
or approval of the Developer or Builder is required to be
obtained, no action requiring such consent or approval shall be
commenced or undertaken until after a request in writing seeking
the same ahs been submitted to and approved in writing by the
Developer or Builder by Registered Mail with return receipt
requested. In the
event that the Developer or Builder fails to act on any such
written request within thirty (30) days after the same ahs been
submitted as required above, the consent or approval of the
Developer or Builder to the particular action sought is such
written request shall be presumed; however, no action shall be
taken by or on behalf of the person or persons submitting such
written request if the request violates any of the Covenants and
Restrictions herein contained. Section
3.
Declarants May Designate a Substitute.
The Declarants shall have the sole and exclusive right at
any time, from time to time, to transfer and assign to, and to
withdraw from, such person, firm or corporation as it shall
elect, any or all rights, powers, privileges, authorities and
reservations given to or reserved by the Declarants by any part
or paragraph of these Covenants and Restrictions or under the
provisions of said Plat. If
at any time hereafter there shall be no person, firm or
corporation entitled to exercise the rights, powers, privileges,
authorities and reservations given to or reserved by the
Declarants under the provisions hereof , the same shall be
vested in and be exercised by the Architectural Control
Committee. Nothing
herein contained, however, shall be construed as conferring any
right, powers, privileges, authorities or reservations in said
Committee except in the event aforesaid. Section
4.
Amendments for Additional Restrictions.
The Developer reserves and shall have the sole right (a)
to amend these Covenants and Restrictions, (b) to include in any
contract or deed or other instrument hereafter made any
additional Covenants and Restrictions applicable to a particular
Lot, PROVIDED, HOWEVER, that any amendments or additions to
these Covenants and Restrictions shall conform to the general
purposes and standards of the Covenants and Restrictions herein
contained, and (c) to release any Lot from any part of the
Covenants and Restrictions which have been violated (including
without limiting the foregoing, violations of building
restriction lines and provisions hereof relating thereto) if the
Developer, in its sole judgment, determines such violations to
be minor and insubstantial. Section
5.
Amendment With Consent of Owner and Effective Period. The
Covenants and Restrictions of this Declaration shall run with
and bind the land for a term of twenty (20) years from the date
this Declaration is recorded, after which time they shall be
automatically extended for successive periods for ten (10)
years. This
Declaration may be amended during the first twenty (20) year
period by an instrument signed by not less than ninety (90%) of
the Lot Owners and by Declarants until the Class B membership of
Declarants in the Association shall cease, and thereafter by an
instrument signed by not less than seventy-five percent (75%) of
the Lot Owners. Any
amendment must be recorded. Section
6.
Legal Action on Violation.
If any person, firm, corporation or other entity shall
violate or attempt to violate any of these Covenants and
Restrictions, it shall be lawful for the Association or any
person or person owning any Lot on said land to (a) prosecute
proceedings at law for the recovery of damages against those so
violating or attempting to violate such Covenants and
Restrictions; and,
(b) prosecute proceedings at equity for the purpose of
preventing or enjoining all or any such violations or attempted
violations, PROVIDED, HOWEVER, that the Owner or occupant of any
residence on any Lot shall not have the right or cause of action
for damages or to maintain a proceeding in equity or any claim
whatsoever against any building and/or construction company for
violating Section 3, Article VI, of these Covenants and
Restrictions. The
remedies contained in this paragraph shall be construed as
cumulative of all other remedies now or hereafter provided by
law. The failure of
the Association to enforce any Covenant or Restrictions or any
obligation, right, power, privilege, authority or reservation
herein contained, however long continued, shall in no event be
deemed as a waiver of the right to enforce the same thereafter
as to the same breach or violation thereof occurring prior or
subsequent thereto. Lot
Owners found in violation of these restrictions shall be obliged
to pay a reasonable attorney’s fee to the successful plaintiff
in all actions seeking to prevent, correct or enjoin such
violations or in damage suits thereon.
All restrictions herein contained shall be deemed several
and independent. The
invalidity of one or more restrictions or any part thereof shall
in no way impair the validity of the remaining restrictions or
part thereof. Section
7.
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. IN
WITNESS WHEREOF, these Covenants and Restrictions have been
executed on this __________ day of
___________, 1984, by Declarants, acting by and through
its undersigned officer who is thereunto duly authorized. |
||
 |
 |
 |