DECLARATION OF  COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF
FLORAL LAKES

(A Mobile Home Planned Development Community for Seniors)

THIS DECLARATION, made the 15th day of August, 1982 by FLORAL LAKES, INC., A Florida Corporation with an address at 2055 South Floral Ave., Bartow, Florida 33830, herein called "Declarant"; as of the 8th of July, 1994 Floral Lakes Homeowners' Association, Inc. is the "Declarant".

       WHEREAS, Declarant is the owner of Floral Lakes (a planned development community for seniors) according to the Plat thereof recorded in Plat Book 68, Page 30, public records of Polk County, Florida, which consists of 336 mobile home lots, a recreational building and facilities, roadways, lakes and other common areas (herein called "FLORAL LAKES"); 

     WHEREAS, Declarant is also the owner of the real property described in Exhibit A, which consists of approximately 13 acres of undeveloped land, which may or will be developed in the future and said land is adjacent of Floral Lakes (herein called the "Adjacent Tract"); 

     WHEREAS, Declarant is desirous of subjecting FLORAL LAKES to the covenants, conditions, restrictions and easements hereinafter set forth and of subjecting the Adjacent Tract to an ingress and egress easement for the benefit of FLORAL LAKES; 

     NOW, THEREFORE, Declarant hereby declares that FLORAL LAKES and the Adjacent Tract are and shall be held, transferred, sold, conveyed, used and occupied subject to the covenants, conditions, restrictions and easements hereinafter set forth:

 

ARTICLE I
PROVISIONS PERTAINING TO FLORAL LAKES
 

A. Property Subject to Declaration. Floral Lakes shall be held, transferred, sold, conveyed, used and occupied subject to all the covenants, conditions, restrictions and easements set forth in this ARTICLE I and to such other covenants, conditions, restrictions and easements contained in this Declaration which are specified to be applicable to Floral Lakes. As used in this Declaration the word "lot" shall mean a platted lot as shown on the Plat of Floral Lakes as described above.

B. General Purpose. The purpose of this Declaration is to promote the health, safety and social welfare of the owners of the lots; to provide housing, services and facilities for persons, where 80% of the units are occupied by at least one person 55 years of age or older;  to provide  for the improvement, maintenance and preservation of the property; to provide for architectural control of all buildings,  walls and other structures or improvements; to protect the owners of lots against improper use of surrounding lots; to guard against the erection of poorly designed or proportioned structures; to secure and maintain proper setbacks from the streets and adequate free spaces between structures; to provide for a homeowners association for administration and governing of Floral Lakes; to provide for a congenial and harmonious community and to provide for the establishment of a well-designed single family, mobile home residential community.  

C. Association. There shall be created and established a not for profit Florida Corporation known as FLORAL LAKES HOMEOWNERS ASSOCIATION., INC., herein called the "Association". A copy of the Article of Incorporation and by-laws of the Association are attached as exhibits B and C respectively. 

D.  Purposes and Responsibilities of the Association. The purposes and responsibilities of the association shall be all of the general purposes set forth in Paragraph B above, all of the purposes set forth in the Articles of Incorporation of the Association and all of the following purposes and responsibilities. The ownership, maintenance and care of the roads, streets, lakes, equipment shed, adjacent property as described in Exhibit A,  recreation building and facilities, parking facilities adjacent to the recreation building and all green areas and other common areas not included within the lots of Floral Lakes.  The fulfillment of all purposes, responsibilities and obligations with respect to Floral Lakes as are established from time to time by ordinances and applicable laws of Polk County and the State of Florida.  The execution, performance, administration and enforcement of all of the terms and conditions of this Declaration. 

E. Membership of the Association. Each owner of a lot shall. by virtue of such ownership, be a member of the Association and by acceptance of a deed or instrument of conveyance or the acquisition of title in any manner of a lot, accepts such membership and acknowledges the authority of the Association to act as provided herein and as provided in Exhibits B and C. 

F.  Fees, Dues, Charges and Assessments. The Declarant hereby covenants, creates and establishes and each owner of any lot in Floral Lakes, by acceptance of a deed or instrument of conveyance or by acquisition of title in any other manner, shall hereafter be deemed to covenant and agree to pay to the Association the following fees, dues, charges and assessments; Any annual assessment or charge for the purpose of operating the Association and accomplishing any and all of its purposes. Such assessments shall be in equal amounts against the owners of each lot.Any special assessments for capital improvements, emergencies, or non-recurring expenses. Such assessments shall be in equal amounts against the owners of each lot. Charges incurred in connection with the enforcements of any of the terms and conditions hereof. Fees or charges that may be established for the use of facilities or for any other purpose deemed appropriate by the Board of Directors of the Association. Assessments of any kind for the creation of reasonable reserves for any of the aforesaid purposes. Such assessments shall be in equal amounts against the owners of each lot.

G. Procedures for Establishing Fees, Dues, Charges and Assessments. The Board of Directors of the Association shall approve and establish all sums which shall be payable by members of the Association in accordance with the Articles of Incorporation and By laws of the Association and the following procedures: Annual assessments against the owners of all of the lots shall be established after the adoption of an operating budget. Annual assessments shall be payable at such time or times as the Board of Directors shall direct.   Special assessments against the owners of all of the lots and all other fees, dues and charges, including assessments for the creation of reasonable reserves, may be established by the Board of Directors at any regular or special meeting thereof and shall be payable at such time or times as the Board of Directors shall direct.  The Board of Directors may, from time to time, establish by resolution, rule or regulation or may delegate to an officer or agent the power and authority to establish specific fees, dues or charges to be paid by specific owners of lots for the use of facilities or to reimburse the Association for expenses incurred in connection with the enforcement of any of the terms of this Declaration. Such sums shall be payable by the affected members at such time or times as shall be established by resolution, rule, or regulation of the officer or agent. 

The Association shall prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any owner. The Association shall, upon demand, furnish any owner liable for said assessment, a certificate in writing, signed by an officer of the Association, setting forth whether that assessment has been paid and/or the amount which is due as of any date. As to third parties without knowledge of error, who rely thereon, such certificate shall be conclusive evidence of payment or partial payment of any assessment therein stated to have been paid or partially paid.

H. Enforcement of all Assessments and Creation of Liens. The collection of all assessments and the creation of liens shall be in accordance with the following provisions:    

If fees, dues, charges or assessments of any kind are not paid within ten (10) days of the date when due, such sums shall then be and become delinquent and shall, together with interest thereon at the maximum rate allowed by law, attorneys fees and all costs of collection, be and become a continuing lien and charge upon the lot or lots owned by the member of the Association. Such lien shall bind the lot and mobile home constructed thereon and shall be evidenced by recording of a notice of lien in the public records of the county where the lot is located and/or by another method which constitutes notice to the lot owner and third parties. Such lien shall secure not only all sums due the Association at the time of recording the lien, but also all assessments and installments of assessments coming due during the period that the lien remains unsatisfied.   If the sums due are not paid within thirty (30) days after the delinquency date, the Association may accelerate all remaining assessments for the balance of the current fiscal year and may bring an action to foreclose the lien against the property in like manner as the foreclosure of a mortgage on real property and there shall be added to the amount due in addition to the interest hereinabove set forth, all costs of collection and all attorney's fees incurred by the Association in connection with collection and/or appeal. The judgment shall include all of said sums. The Association may bid in the foreclosed property at the judicial sale or may settle or compromise the claim.  The liens for all fees, dues, charges and assessments provided herein, shall be subordinate to the lien of any bona fide mortgage or mortgages to an institutional lender (but not to mortgages held by private parties) now or hereafter placed upon any lot provided, however, that such subordinations shall apply only to the sums which have become due and payable prior to a sale or transfer of such lot, pursuant to a decree of foreclosure or other proceeding in lieu of foreclosure. No sale, transfer or conveyance of any kind shall relieve any lot owner from liability for any fees, dues, charges or assessments thereafter becoming due from the lien of any such sums.

 

I. Architectural Committee. There is hereby established an Architectural Committee whose duties and responsibilities shall be as hereafter set forth: 

The committee shall consist of three persons, appointed by the Board of Directors, for a term of one year. Members of the Board of Directors of the Association may also serve as members of the Architectural Committee.  No mobile home, building, outbuilding, carport, boat dock, wall or any other structure or improvement of any kind or nature whatsoever shall be erected, constructed, placed, maintained, altered, repaired or remodeled, on any lot or any part thereof; unless prior to the commencement of any such activity, a complete set of plans and specifications therefore, prepared by an architect, landscape architect, engineer or other person shall be approved by the Architectural Committee, shall have been first submitted in writing for approval and approved in writing by the Architectural Committee. In the event the information submitted to the Architectural Committee is, in its opinion, incomplete or insufficient in any manner, it may request and require the submission of additional information. Upon approval of plans and specifications by the Architectural Committee both sets thereof shall be endorsed, and one set shall forthwith be returned by the Architectural Committee to the person submitting the same. The remaining copy shall be retained by the Architectural Committee and shall be part of the permanent records of the Architectural Committee. In the event the Architectural Committee shall disapprove of any plans or specification, written notice thereof shall be given to the persons requesting approval. In the event the Architectural Committee shall fail for a period of thirty (30) days after the receipt of all submitted and requested data to approve or disapprove any plans or specifications or shall fail to give written notice of disapproval within said period, the same shall be deemed to have been approved. 

The Architectural Committee shall have the sole discretion to approve or disapprove all plans and specifications. In arriving at a decision the Architectural Committee may consider such factors and circumstances as it may deem appropriate including, without limitation, architectural and engineering considerations; aesthetic considerations; the present or future use of nearby lots; the size, shape and nature of the lot or nearby lots; the natural terrain and vegetation of the lot or nearby lots; the kind, quality and colors of building materials; and the kind and amount of proposed landscaping. In no event shall the Architectural Committee approve any plans or specifications which fail in any manner to meet the minimum standards set forth in this Declaration or which are in any manner in conflict with any law, rule or regulation of any governmental body having jurisdiction.

The approval of the Architectural Committee of any plans and specifications submitted for approval, shall not be deemed to be a waiver of the Committee of any right to object to any of the features or elements embodied in such plans or specifications, if and when the same features are embodied in any subsequent plans or specifications submitted for approval or use on other lots. 

After plans and specifications submitted have been approved by the Architectural Committee, no mobile home, building, outbuilding, carport, boat dock, wall or other structure or improvement of any kind. shall be erected, constructed, placed, installed, altered or maintained upon said property unless the same shall be in conformity with the plans and specifications approved by the Architectural Committee. If any such improvement of any kind shall be erected, constructed, placed, installed, altered or maintained on said property other than in accordance with the approved plans and specifications, the same shall be deemed to have been undertaken without the approval of the Architectural Committee.

After the expiration of two years from the date of completion of any structure, improvement, alteration or landscaping, the same shall be deemed to comply with all provision hereof unless legal proceedings shall have been instituted in connection therewith.

The Architectural Committee may, from time to time, delegate to one of its members or an agent, the right to approve or disapprove plans and specifications. 

Any agent or member of the Architectural Committee may at any reasonable time enter upon any lot and inspect any building or property subject to the jurisdiction of the Architectural Committee under construction or upon which such agent or member may reasonably believe that a violation has occurred or will occur. 

The Architectural Committee shall have the right and power to enforce the provisions of this declaration relating to its duties and responsibilities by seeking and obtaining specific performance of each of these covenants in a court of competent jurisdiction and the relief sought and available to the Architectural Committee may include, without limitation, enjoining the construction of unapproved improvements and the removal of any offending improvement.  The Association shall indemnify and hold harmless the members of the Architectural Committee from all costs, expenses and liabilities, including legal fees reasonably incurred by or imposed on such members in connection with any claim, demand or proceeding in which such member may be involved by reason of serving as a member of the Architectural Committee.

  

J. Minimum Standards and Prohibited uses. 

1. No lot may be improved except by the placement of a mobile home thereon, together with such auxiliary structures (temporary and permanent) as may be approved by the Architectural Committee, such as carports, porches, and the like. 

2. No mobile home shall contain less than 864 square feet and each shall be "tied down" in accordance with the requirements of the City of Bartow applicable codes.

3. No mobile home or auxiliary attached structure shall be placed any nearer than 10 feet to the front lot line, 10 feet to the rear lot line or 5 feet to the side lot lines. 

4. No hedge shall exceed the height approved by the Architectural Committee. 

5. The front of any lot shall be the side adjacent to a street. In determining which side is the front of a lot adjacent to two streets, the side having the greatest street frontage shall be deemed the front of the lot. The rear shall be the side opposite from the front. The lot owner shall provide a durable surfaced driveway or parking area sufficient to park at least two automobiles on each lot. Parking in the streets of Floral Lakes is prohibited, except in cases of emergencies. 

6. All garbage cans and trash containers shall be kept, stored and placed in an area not visible from the street or any other lot and in no event shall garbage or trash containers be kept or placed for collection on any portion of a lot or an easement or right-of-way, except on the day of collection. All garbage must be placed on the lot owner's area only on the day of pick up.  Prompt return of empty containers is required.  

7. Unless otherwise approved by the Architectural Committee, construction of approved improvements shall commence within ninety (90) days from the date of approval by the Architectural Committee and construction shall proceed continuously and be completed within a reasonable time, and in no event shall construction of a mobile home or other improvements be extended or last for more than six (6) months unless otherwise approved by the Architectural Committee. 

8. No horses, hogs, cattle, cows, goats, sheep, poultry, or other animals, birds or reptiles shall be kept, raised or maintained on any lot provided, however, that dogs, cats, and other household pets may be kept in reasonable numbers if their presence causes no disturbance or nuisance to others. All pets shall be registered with the Association and kept on a leash when not on the owner's lot. 

9. No boathouses or docks shall be permitted to be constructed on any lake or body of water adjacent to or contiguous with any lot without approval of the Architectural Committee, which may withhold any such approval at its discretion. 

10. No signs, except small name signs approved by the Architectural Committee, shall be placed, erected or displayed on any lot, except one "For Sale" sign, not to exceed 18 inches by 24  inches, without approval of the Architectural Committee. Trade, Business or Commercial Activities

     
      A: Except as expressly provided herein, no trade, business or similar activity shall be conducted on any lot nor shall any commercial use be made of  any lot.          

 B: No on site solicitation, in any form, shall be permitted.

C: Subparagraph A, above, shall not be interpreted or construed as prohibiting Floral Lakes residents from offering to perform or from performing handyman services solely to other Floral Lakes residents in exchange for compensation. The term Handyman services" may include, but is not necessarily limited to, household, domestic and artistic services. The determination of whether a particular service is handyman like will be made by and at the discretion of the Board of Directors. Any resident who intends to offer to perform handyman services to other residents for compensation must register with the Board of Directors.  

D. The offering for rent or lease, or the renting or leasing of a lot and/or the residence located thereon is deemed to constitute a prohibited trade or business use. The foregoing not withstanding, the offering for rent or lease, or the renting or leasing of a single lot or residence located thereon by the current owner(s) or by an heir or beneficiary of the deceased former owner(s) who occupied the lot and residence prior to his or her death shall not constitute a violation of this provision.

            E. Owners of multiple lots on record as of the filing of this amendment, who are renting or leasing their properties, shall retain that right for their lifetime. 
             Future  heirs or beneficiaries shall not have that right and are subject to subparagraph A  above.
 

11. No units or other improvements or structures designed or intended as a dwelling place for more than one family, shall be constructed. 

12. Boats and craft powered by gasoline or diesel motors are prohibited on lakes; the pontoon craft powered by a gasoline motor and owned by the Association is exempted Boats powered by oars or small electric motors are permitted. 

13. No nuisance shall be allowed upon any lot or any use or practice that is a source of annoyance to other lot owners or interferes with the peaceful possession and proper use of the lots by the residents thereof. 

14. All rentals or sales must be approved by the Homeowners' Association prior to closing. Intent to rent or sell must be registered with the Homeowners' Association. The seller shall provide buyer with a current copy of the "Disclosure Summary" and The Documents Providing for the Administration of Floral Lakes Homeowners' Association, Inc." before closing. All renters shall receive a copy of the "Handbook for Renters."  

15. The use, ownership and occupancy of lots shall be subject to reasonable rules and regulations which may be promulgated from time to time by the Association.

17.  Housing for Older Persons

  (a) Floral Lakes is intended to and shall be operated for the purpose of providing housing for older persons pursuant to and in compliance with federal, state and local law. The term “older
       persons” means persons fifty-five years of age or older.

  (b) At least one person aged fifty-five years or older shall occupy each lot within Floral Lakes.

  (c) At no time shall less than eighty percent of all occupied lots within Floral Lakes be occupied by at least one person aged fifty-five years or older.

  (d) Floral Lakes, through its board of directors, shall publish and enforce rules, procedures and regulations that effectuate this Article, comply with applicable law and demonstrate Floral
        Lakes’ intent to operate as a community for persons fifty-five years of age or older.

  (e) Floral Lakes shall, at least once every two years, conduct a survey of the community to verify that the provisions of this Article are adhered to and complied with. All owners are
        required,  upon request by the Floral Lakes, to:

         (i) Provide to Floral Lakes copies of drivers’ licenses or other government issued identification for all occupants of a lot which shall include the birth date of each occupant;

         (ii) Execute and deliver to Floral Lakes a certificate that at least one person aged fifty-five years or older occupies the lot; and

         (iii) Provide to the Floral Lakes such other certifications, information or documentation as is deemed necessary by the Floral Lakes, through its board of directors, to ensure compliance
               with this Article.

   (f) Prior to the lease, conveyance or transfer of title to or the right to occupy any lot, the owner and the proposed new owner, occupant, lessee or transferee shall each certify in writing
        to Floral Lakes that the lot will be occupied by at least one person fifty-five years of age or older. No lease, conveyance or transfer of title to or the right to occupy any lot may be
        affected,  carried out or otherwise accomplished in contravention of this Article and absent the written certifications required herein. In addition to any other available remedies, Floral
        Lakes shall have the authority to apply for an injunction prohibiting the lease, conveyance or transfer of title to or the right to occupy any lot if the lease, conveyance or transfer would
        violate this Article.

  (g) If title to a lot, due to the death of an owner and via inheritance, is transferred to a person under fifty-five years of age, the new owner may occupy the lot only if doing so would not
       cause less than eighty percent off all occupied lots within Floral Lakes to be occupied by at least one person aged fifty-five years or older.

  (h) No person under the age of eighteen shall reside on or occupy a lot in Floral Lakes. However, persons under the age of eighteen may visit as guests and stay with an owner overnight,
       but never for more than sixty days in any calendar year.

  (i) As with the other provisions in this Declaration, Floral Lakes shall be entitled to enforce the provisions of this Article via proceedings at law or in equity, including without limitation via
       application for injunctive relief, and the prevailing party in any such proceeding shall be entitled to recover from the other party all costs and reasonable attorney fees that were incurred
       therein.

18. A dish antenna that is thirty-nine, (39), inches or less, in diameter and is designed to receive direct satellite broadcast service, or an antenna that is thirty-nine, (39), inches, or less, in diagonal measurement, and is designed to receive video programming. Such antennas may be mounted on "masts" not to exceed twelve, (12), feet in height unless permission is given by the Architectural Committee. One amateur radio antenna not to exceed thirty, (30), feet in height from the ground level may be erected upon notification to the Architectural Committee. 

19. Smoking is prohibited in the clubhouse (a.k.a. community building and/or recreation building). 

20.  Each owner of a lot in Floral Lakes shall be required to maintain said lot and structures located thereon in a clean and sightly condition, including, but not limited, to the proper mowing, trimming and pruning of grass, weed, trees or other underbrush. If, in the opinion of the Board of Directors, a lot owner is not complying with this provision, the Association shall give notice to this fact to the lot owner and shall advise the lot owner of what must be done to meet compliance and shall specify a time period, not to exceed fifteen (15) days, within which compliance shall be made. If a lot owner fails to comply with the Association's requirements within the time allotted, the Association, its agents, employees or designated representatives, shall have the right of entry onto said lot, without fear of prosecution for trespass, for the purpose of cleaning up said lot, and shall then be entitled to bill and collect all costs incurred in said cleanup operation from the lot owner. Any charges so incurred by the Association shall be billed to the lot owner as an additional charge to the monthly assessment, and as provided in Article I, Section H of this Declaration. 

20. Withdrawing water by pumping, or any other means, from the waters of Floral Lakes is strictly prohibited, unless approved by the Board of Directors.

 

K. Use of Common Property. All areas of Floral Lakes not contained within the lots are common property, which areas are owned by the Association and are set aside for the use of the members of the Association, guests, invitees and parties in whose favor easements for the use thereof may be granted for the uses and purposes and on the terms and conditions set forth in the Articles of Incorporation and By-Laws of the Association and the plat of Floral Lakes, subject to the following conditions and limitations: 

The streets and roadways shall be used for vehicular and pedestrian traffic in accordance with such rules and regulations as the Association shall from time to time establish. These streets shall remain free of "Speed Bumps". 

The recreation building and recreational facilities shall be used for their intended purposes at such times, for such charges (if any) and in accordance with such rules and regulations as the Association shall from time to time establish. 

No swimming shall be permitted in the bodies of water shown on the Plat of Floral Lakes, and any person swimming therein shall do so at his own risk and peril.

 

L. Insurance. The Association shall at all times carry and maintain in effect insurance as follows: 

General All insurance policies upon the real and personal property of the Association shall be purchased by the Association through its Board of Directors. Lot owners shall be responsible to obtain insurance coverage at their own expense upon their mobile homes and their personal property. 

Liability Coverage. The Association shall obtain public liability and property damage insurance (including but  not limited to, hired automobile and non-owned automobile coverage) covering all of the property owned by the Association and insuring the Association in such amounts and providing such coverage as the Board of Directors may determine from time to time, provided that the minimum amount of coverage shall be $500,000.00 

Casualty Coverage The Association shall obtain fire and extended coverage insurance and vandalism and malicious mischief insurance insuring all of the insurable improvements owned by it in a company acceptable to the standards set by the Board of Directors and in an amount equal to the maximum insurance replacement value of the property as determined no less frequently than once every third year by the Board of Directors. All such insurance shall be in such amounts that the insured will not be a co-insurer to the extent of more than 20% of the total amount of insurance, except for deductible clauses required to obtain coverage at a reasonable cost. The coverage may exclude foundation and excavation costs.

Workmen’s Compensation. The Association shall obtain insurance in order to meet the requirements of Law. Flood Insurance The Association shall obtain flood insurance covering the property owned by the Association in the event the property is in a designated flood zone. Other Insurance. The Association shall obtain such other insurance, as it shall determine from time to time to be desirable. The Association as a common expense shall pay premiums for insurance policies purchased by the Association.

  

ARTICLE II
GENERAL PROVISIONS
 

A. Enforcement; Binding Effect. Enforcement of the provisions of this Declaration shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any of the terms, conditions, covenants, restrictions or easements hereof, either to restrain violation or to recover damages and against the land to enforce any lien created by these covenants and the failure by the Association or any other person or party to enforce any of the terms and conditions hereof shall in no event be deemed a waiver of the right to do so thereafter. Where an action, suit or other judicial proceeding is instituted or brought for the enforcement of these covenants, conditions, restrictions and easement, the prevailing party shall be entitled to recovery of all costs and expenses involved, including without limitation, court costs and attorneys' fees. 

The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Declarant, The Association, the Architectural Committee and the lot owners, as the case may be, and each of their legal representatives, heirs, successors and assigns. 

B. Assignment of Powers. Any and all duties responsibilities, obligations, powers and reservations of the Declarant herein contained may be deeded, conveyed, or assigned to another legal entity by an instrument in writing duly executed, acknowledged and recorded in the public records of Polk County, Florida. Such written instrument shall contain an acceptance by the grantee or assignee and the grantee and/or assignee shall assume and agree to be bound by each and all of the obligations and duties imposed upon Declarant and upon such event Declarant shall be relieved of the performance of any further duties or obligations hereunder.

C. Paragraph Headings and Exhibits. The paragraph headings and exhibits are inserted merely for convenience of reference and are not to be construed to enlarge, diminish or modify the terms hereof. References to numbered paragraphs or exhibits are to paragraphs and Exhibits of this Agreement unless specifically stated to the contrary and all Exhibits attached hereto are, by this reference, made a part hereof. 

D. Scope and Duration of Provisions. All of the covenants, conditions and restriction set forth in this Declaration are imposed upon the property for the direct benefit thereof and the owners thereof as part of the general plan of development, improvement, building and maintenance of said property. Each grantee or purchaser by accepting a deed or contract of sale or agreement of purchase, accepts the same subject to the provisions of this Declaration and agrees to be bound by each such covenant, condition and restriction contained herein. Said covenants, conditions and restrictions shall run with the land and continue to be in full force and effect.

E. Amendments.  The terms and conditions of this Declaration may be amended, annulled, or waived by an instrument in writing recorded in the public records of Polk County, Florida, in the following manner and subject to the following conditions: 

An amendment, annulment or waiver of any provision hereof shall have been approved at duly called and held meetings by not less than a majority of the Board of Directors and two-thirds (2/3) of the votes of the members of the Association at which a quorum is present in  person or by proxy.

          The Articles of Incorporation and By-Laws of the Association may be amended in the manner so provided in such documents. 

F. Severability Invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provisions.

 

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