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DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS

AND RESTRICTIONS FOR:

SECRET WOODS, as recorded in Plat Book 39, Pages 39, 39A, 39B, 39C, and 39D, public records of Duval County, Florida.

NORTH FLORIDA BUILDERS, INC., a Florida corporation, the original developer, heretofore recorded the covenants, conditions, easements, and restrictions on the foregoing described lands in Official Records Book 5800, Page 750, in the Public Records of Duval County, Florida (hereinafter defined as “Previous Declaration”).  Those covenants, conditions, easements, and restrictions expired pursuant to Chapter 712 of the Florida Statutes, also known as the Marketable Record Title Act.

The organizing committee for SECRET WOODS, consisting of:

Sharon Snow                            Katherine Frazier                      David Hargnett

7232 Secret Woods Drive        3139 Misty Creek Lane            3161 Secret Woods Trail West

Jacksonville, FL  32216            Jacksonville, FL 32216             Jacksonville, FL  32216

(904) 619-7118                       (904) 739-0304                       (904) 236-0059

does hereby submit the covenants, conditions, easements, and restrictions for SECRET WOODS for revival pursuant to Section 720.403, Florida Statutes, hereinafter defined as the “Revived Declaration”:

This Revived Declaration governs only the lots which were originally encumbered by the Previous Declaration and does not contain covenants that are more restrictive on the parcel owners than the covenants contained in the Previous Declaration, except as otherwise provided by Section 720.402(3), Florida Statutes.  This Revived Declaration does provide for an effective term of longer duration than the term of the Previous Declaration as permitted by Section 720.402(3)(a), Florida Statutes.

The voting interest of each parcel owner under this Revived Declaration is the same as the voting interest of the parcel owner under the Previous Declaration. The proportional assessment obligations of each parcel owner under this Revived Declaration shall be the same as the proportional assessment obligations of the parcel owner under the Previous Declaration.

NOW, THEREFORE, the SECRET WOODS HOMEOWNERS ASSOCIATION, INC.,  hereby declares that all of the Properties 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.

FIRST AMENDMENT, ADOPTED JUNE 28, 2023

WHEREAS, It is the desire of the Association to implement restrictions on the leasing of Lots, the following amendment was adopted and has been filed with the Duval County Clerk Here is a PDF of the amendment. Please note it is a large file and may take a bit to download.

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 Lot owners.  The Common Area owned by the Association at the time of the conveyance of the first Lot is more particularly described on the Exhibit “A” attached here to and by this reference made a part hereof.

Section 5:         “Lot” shall mean and refer to any plot of land shown upon the aforesaid recorded subdivision map of the Properties, with the exception of the Common Area.

Section 6:         “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 Lot, subject to the following provisions:

1. 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;
2. 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;
3. c) the right of the Association to dedicate or transfer 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:         Lake and Water Rights. All lakes and ponds within said Property constitute a portion of the Stormwater Management System for Secret Woods.  Fishing, swimming and boating of any type are prohibited on all lakes and ponds situated within said Property; and Owners of Lots abutting any lake or pond shall maintain the Lot to the water’s edge.  Owner shall maintain such Lot so as to prevent any erosion of embankments, and in the event Owner fails to maintain said Lot as aforesaid and as more specifically recited in Article VII herein, the Association shall have the right, but not the duty, to enter onto said Lot and perform the necessary maintenance at Owner’s expense.

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

Every Owner of a Lot which is subject to assessment shall be a member of the Association.  Membership shall be appurtenant to and may not be separated from the ownership of any Lot which is subject to assessment. When more than one person holds an interest in any Lot, all such persons shall be members.  The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.

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 Lot, all owners of such Lot shall be jointly and severally liable for the entire amount of the assessment.  The personal obligations for delinquent assessments shall not pass to his (or their) successors in title unless expressly assumed by them.

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. As of May 1, 2018, the maximum annual assessment shall be $350.

1. a) From and after January 1, 2019, the maximum annual assessment may be increased each year not more that 10% above the maximum assessment for the previous year without a vote of the membership.
2. b) From and after January 1, 2019, the maximum annual assessment may be increased above 10% by vote of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose.
3. 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 cost 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 the members 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 Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period.  Written notice of the annual assessment shall be sent to every Owner subject thereto.  The due dates shall be established by the Board of Directors.  The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.  A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.

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 Lot.

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.  Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer.  No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

Section 10.       Exempt 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 or 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.

ARTICLE VI

USE RESTRICTIONS

Section 1.         Land Use and Building Type. 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 one 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.

Section 2.         Easements.

• 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.
• The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority, the utility company or the Homeowners’ Association is responsible.
• 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.
• Vehicular ingress and egress is prohibited over and across “Non-access Easements” as reserved on the aforesaid Plat of Secret Woods.
• 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.

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 Lot if the location of same will, in the sole judgment and opinion of the Association, unreasonably obstruct the vision of the motorist upon any of the streets.

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 exceed 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 front 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 yards shall not be less than 15 feet.

Webmaster note concerning Section 6 & 7: In 2023 the Florida Legislature passed a new statue that supersedes portions of sections 6 & 7 of these bylaws/convenants.

Florida Statute 72o.3045.      Installation, display and storage of items. Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, including, but not limited to, artificial turf, boats, flags, and recreational vehicles.

Section 6.         Other Structures. No other improvements or structures, whether attached or detached, shall be erected or placed on a Lot without the prior written consent of the Architectural Control Committee.  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 Lot.

Section 7.         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 Lot.  No trailers shall be maintained or kept on any Lot other than completely inside a garage.

Section 8.         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 Lot shall be concealed and located underground so as not to be visible.  Electric service is provided by the City of Jacksonville, Florida, through underground primary service lines running to transformers.  The Developer and Builder have provided underground conduits to serve each Lot extending from the point of applicable transformer to a point at or near a Lot line, and such conduit to each Lot shall be, become and remain the property of the Owner of the Lot. Each Lot Owner requiring original or additional electric service shall be responsible to complete at his expense the secondary electric service conduits, wires (including those in the conduit provided by the Developer and Builder), conductors and other electric facilities from the point of the applicable transformer to the residence or other property of the Owner of each Lot.  The Owner of each Lot shall be responsible for all maintenance, operation, safety, repair and replacement of the entire secondary electrical system extending from the applicable transformer to the residence or other building on his Lot.

Section 9.         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.

Section 10.       Signs. 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 Lot violating the provisions of this paragraph shall correct said violation upon notice from the Association.

Section 11.       Pets. 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 purpose.  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.

Section 12.       Upkeep and Maintenance of Dwelling and Lots. Each Lot Owner shall prevent the occurrence of any unclean, unsightly or unkempt conditions of buildings or grounds on any Lot or unit which shall tend to decrease or adversely affect the aesthetic appearance of the development or specific areas therein.

Section 13.       No Offensive Activities. No illegal, noxious or offensive activity shall be permitted or carried out on any part of any Lot, nor shall anything be permitted or done thereon which is or may become a nuisance or annoyance to the neighborhood.  No trash, garbage, rubbish, debris, waste material or other refuse shall be deposited or allowed to accumulate or remain on any part of any Lot or upon any Lot or Lots contiguous thereto.  No open fires or incinerators for burning of trash, leaves, clippings of other debris or refuse shall be permitted to be on any part of any Lot or road right-of-ways.  All garbage shall be kept in receptacles and the receptacles in places on the Lots as determined and approved by the Architectural Control Committee.

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 Lake or Pond areas shall be solely the cost and expense of the Owner of said embankment or land area.  The Association shall maintain all such Lakes and Ponds below the actual water line so as to control the growth of and eradication of plants, fowl, reptiles, animals and fish in a manner as may be consistent with reasonable Lake and Pond maintenance for the preservation of said areas as a part of the Master Drainage System for the Properties and for the preservation of said areas so as to aesthetically benefit the Owners of all Lots located in SECRET WOODS.

Section 2.         Structures. No docks or other structures shall extend into the Lake or Pond areas without the prior written approval of the Architectural Control Committee.

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 or 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 Jacksonville shall be maintained by the Association.

ARTICLE VIII

GENERAL PROVISIONS

Section 1.         Association May Correct Violations. Wherever there shall have been built or there shall exist on any Lot any structures, building, thing or conditions which are 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 at 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.         Amendment with Consent of Owners and Effective Period. The Covenants and Restrictions of this Declaration shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded.  This Declaration may be amended by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners.  Any amendment must be recorded.

Section 3.         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 persons 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 4.         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 5.         Exhibits.  In accordance with Section 720.403(2), Florida Statutes, each parcel that is subject to this Revived Declaration is described by a legal description and name of the parcel owner in Exhibit A attached hereto and made a part hereof.  The Articles of Incorporation for the Association contained in Exhibit B are attached hereto and made a part hereof.  The By-Laws for the Association contained in Exhibit C are attached hereto and made a part hereof and a graphic description of the real property subject to the Revived Declaration is contained in Exhibit D and is attached hereto and made a part hereof.