DECLARATION OF COVENANTS AND RESTRICTIONS FOR



DECLARATION OF COVENANTS AND RESTRICTIONS FOR

WEST STONEBRIGE HOMEOWNERS ASSOCIATION INC.

THIS DECLARATION made this 2 day of February 2006 by Beeler Built LLC, a Florida Limited Liability Corporation (hereinafter called Developer)

WITNESSETH:

WHEREAS, Developer is the owner of WEST STONEBRIDGE (the “Property”), according to the Plat thereof, recorded in Plat Book 123, page 33 of the Public Records of Polk County, Florida; and

WHEREAS, Developer desires to create on said described tract a community of 73 single family homes, interior roadways and other accessory facilities; and

WHEREAS, Developer desires to provide for the preservation and enhancement of the Property and Improvements thereon, and to this end desires to subject the described real property to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Property and each Owners thereof; and

WHEREAS, to achieve these purposes, Developer deems it desirable to create an entity to which shall be delegated and assigned the powers of owning, maintaining and administering common areas and facilities as well as administering and enforcing these covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created along with promoting the health, safety and welfare of all owners and residents; and

WHEREAS, Developer has incorporated under the laws of the State of Florida the West Stonebridge Homeowners Association Inc. as a not for profit corporation for the purpose of exercising all of the functions stated herein;

AND WHEREAS, to ensure compliance with the Architecturally Integrated Subdivision requirements of the City of Davenport,

NOW, THEREFORE, the Developer declares that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes collectively referred to as “Covenants and Restrictions”) hereinafter set forth which are for the purpose of protecting the value and desirability of and which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I – DEFINITIONS

Section 1: “Article” shall mean the Articles of Incorporation of the Association.

Section 2: “Assessment” shall mean a share of the Association expenses required for the payment of the Association expenses, which from time to time are assessed against the Living Units and the Living Units Owners, commencing from the time each Living Unit becomes assessable.

“Initiation Fee” shall mean and refer to a flat one time fee to be collected from the buyer of a lot/unit each time the unit transfers owners.

“Capital Contribution Fee” shall mean and refer to a flat one time fee to be collected from the buyer of a lot/unit each time the unit transfers owners.

Section 3: “Association” shall mean and refer to WEST STONEBRIDGE HOMEOWNERS ASSOCIATION INC. its successors and assigns.

Section 4: “Association Expenses” shall mean the expenses and charges described in this declaration incurred tor to be incurred by the Association and assessed or to be assessed upon the Living Unit Owners thereof.

Section 5: “Board” or “Board of Directors” shall mean the Board of Directors of the Association.

Section 6: "Bylaws" shall mean and refer to the Bylaws of the Association

Section 7: ”Common Area” or ”Common Areas” shall mean and refer to those areas of land, other than the Living Units, conveyed to the Association, which are intended to be devoted to the common use and enjoyment of the members. The common Area is legally described as tracts A of the property (record plat of West Stonebridge), as more particularly describe herein (Common Area is all areas exclusive of lots 1 thru 73). The Common Area includes the surface water management system and draining and water management areas.

Section 8: “Declaration” shall mean the covenants, conditions, and restrictions, and all other provisions hereinafter set forth in this entire document, as the same may from time to time be amended.

Section 9:”Developer” shall mean and refer to Beeler Built LLC its successors or assigns, but only to the extent specifically as identified by an instrument in writing executed and recorded by Developer and excluding a Class A owner who has purchased a Living Unit from the Developer.

Section 10: “Drainage and Water Management Areas” shall mean and refer to Tracts A of the property.

Section 11: “General Plan of Development” shall mean the plan for development of the property as approved by appropriate governmental agencies and as the same may be amended with amendments approved by the governmental agencies involved.

Section 12: “Living Unit” shall mean and refer to each single family residential unit comprising of improvements and land as the same shall be more particularly described in each deed from the Developer to the Owner.

Section 13: “Member” shall mean and refer to all of those owners who are members of the Association as provided in Article III, Sections 1 and 2 hereof.

Section 14: “Owner” shall mean and refer to the record owner, whether one or more person or entities, of the fee simple title to any Living Unit, but excluding those having such interest merely as security for the performance of an obligation.

Section 15: “Property” shall mean and refer to West Stonebridge, according to the Pla thereof, recorded in Plat Book 123 Page 33 of the Public Records of Polk County, Florida and all real property which becomes subject to the Declaration.

Section 16: “Rules” shall mean and refer to the document containing the rules and regulations and polices adopted by the Board of Directors of the Association, as the same may from time to time be supplemented or amended by the Board of directors at their discretion.

ARTICLE II – PROPERTY SUBJECT

OF THE DECLARATION, ADDITIONS THERETO AND LIMITATIONS

Section 1: Excluding property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this declaration is located in the City of Davenport, County of Polk, State of Florida as more particularly described above.

Section 2: Additions to Existing Property. Additional land may become subject to this Declaration by any one of the following procedures:

A. Recordation of Additional Declarations. Additional land may become subject to this Declaration by recordation of additional declarations containi9ng essentially the same substance as the Instant Declaration in the sole discretion of the Developer. Any supplemental Declarations of Covenants and Restrictions shall interlock all rights of members to the Association to the end that all rights resulting to members of the Association shall be uniform as between all units of WEST STONEBRIDGE.

B. Additions in Accordance with a General Plan of Development. The Developer, its successors and assign, shall have the right, but shall not be obligated, to bring within the scheme of this Declaration additional properties in future stages of the development provided that each such additions are in accord with a General Plan of Development prepared prior to the sale of any Lot and made known to every purchaser (which may be done by brochure delivered to each purchaser) prior to such sale.

Such General Plan of Development shall show the proposed additions to the Existing Property and contain: 1) a general indication of size and location of additional development stages and proposed land uses in each; 2) the approximate size and location of common properties proposed for each stage; 3) the general nature of proposed common facilities and improvements; 4) a statement that the proposed additions, if made, will become subject to assessment for their just share of Association expenses; and 5) a schedule for the termination of the Developers right under the provisions of this sub section t bring additional development stages with the scheme. Unless otherwise stated therein such General Plan shall not bind the Developer, its successors and assigns to make the proposed additions or to adhere to the Plan in and subsequent of the land shown thereon.

The additions authorized under this and the succeeding sub section, shall be made by filing of record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property.

Such Supplementary Declaration may contain such complimentary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and, as such, are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration to the Existing Property.

Section 3: General Provisions Regarding Additional Property. Regardless of the above method used to add additional property to the terms and provisions of this Declaration, no addition shall revoke or diminish the rights of the owners of the Properties to the utilization of the Common Areas as established hereunder except to grant to the owners of the properties being added the right to use the Common Areas as established hereunder and the right to proportionally change voting rights and assessments, as hereafter provided.

ARTICLE III – MEMBERSHIP AND VOTING RIGHTS

Section 1: Members. Every owner of a Living Unit which is subject by covenant of record to assessment by the association shall be a mandatory member of the Association. Membership shall be appurtenant to, and may not be separated from, the ownership of any Living Unit. Transfer of Living Unit ownership, either voluntarily or by operation of law, shall terminate membership of the Association and said membership shall be vested in the transferee.

Section 2: Membership Classification and Voting Rights. The Association shall have two (2) classes of voting membership;

A. Class A – Class A members shall be all Owners of Living Units with the exception of Developer. Class A members shall be entitled to one (1) vote for each Living Unit owned. If a Living Unit is owned by more than one person, the owners of said Living Unit shall designate one of them as the Voting Member or, in the case of a corporate Owner, an Officer or an employee thereof shall be the Voting Member. Designation of the Voting Member shall be made as provided by and subject to the provisions and restrictions set forth in the Byelaws of the Association. In no event shall more than one (1) vote be cast with respect to any Living Unit. Unless specifically specified herein, any reference in the Declaration to the vote or consent of members shall mean the required number or percentage of Living Units and not the required number or percentage of members. There shall be no cumulative voting. Any member with an outstanding delinquent balance of assessments, special assessments 30 days or more delinquent or covenant violation(s) involved in legal action will have their voting rights suspended automatically and without further notice from the association until such time as account is current and free from violations.

B. Class B – The class B member shall be the Developer. The class B member shall be entitled to five (5) votes for each platted |Living Unit owned by it, regardless of whether said unit has been built. The Class B membership and its voting rights as set forth herein shall cease and be converted to Class A membership on the happening of either of the following events, whichever shall first occur;

(a) when the total votes outstanding in Class A membership equal the total votes outstanding in Class B membership; or

(b) on November 20, 2008

At such time as Developer’s Class B membership is converted to Class A membership in accordance with the provisions hereinafter, Developer shall likewise be a Class A member and entitled to one (1) vote for each Living Unit owned.

Section 3: Method of Notification. The association will notice all membership meetings and special membership meetings within the allowed timeframe as set forth in the Florida Statutes regarding the requirement for notice to be issued and or posted. Owners wishing to be notified by electronic methods must provide to the association permission and a waiver to the association releasing the association from claims that the owner may not have received notice electronically as a result of circumstances not in the control of the association or of their acting agents. These declarations will rule if Byelaws say otherwise.

Section 4. Electronic Voting. Owners may submit their votes either by voting in person, proxy or electronic transmission to the association and or the acting agents. Owners using electronic methods of transmission must provide to the association permission and a waiver to the association releasing the association from claims that the owner may not have received the vote electronically as a result of circumstances not in the control of the association and or their acting agents. These declarations will rule if the byelaws say otherwise.

Section 5: Proxy. Owners may request that a proxy be issued via electronic method. Owners wishing to receive a proxy by electronic methods must provide to the association permission and a waiver to the association releasing the association from claims that the owner may not have received such proxy electronically as a result of circumstances not in the control of the association or of their acting agents. Only original proxies will be accepted for submission with all original signatures of the owners as recorded on the warranty deed. Electronic submission of a completed proxy will not be accepted or considered valid. The Board or its agents may be appointed by a member to represent an owner by proxy. Any member of the association may appoint another member to represent an owner by proxy. At no time will a non-member of the association or an entity be permitted to represent an owner by proxy other than the Board or its agents. These declarations will rule if Byelaws say otherwise.

ARTICLE IV – COMMON AREAS

Section 1: Obligations of the Association. The association, subject to the rights of owners set forth in this Declaration, shall be responsible for the exclusive management, maintenance, repair, replacement and control of the Common Areas and all improvements thereon (including any, if any, furnishings and equipment related thereto), and the Association shall keep the same in good, clean, attract order and repair. The Association shall be responsible for the operation and maintenance of the surface water management system. The Association shall also be responsible for the maintenance, repair and replacement of those portions of the property not defined as the Common Area, but as set forth elsewhere in the Declaration. The association shall also be responsible for maintaining the landscaped portions of the Common Areas including, without limitation, trees, hedges, shrubbery, fences and walls installed by the Developer and shall be maintained by the Association, except as otherwise indicated herein. Additionally the Association shall be responsible for maintenance of all easements as may be designated on the property. All alterations or removal of landscaped areas shall be completed in accordance with applicable provisions of Polk County Code of Ordinance and Land Development Code.

Section 2: Owners Easement and Enjoyment. Subject to the provisions herein, every owner shall have a right and easement of enjoyment in the Common Areas, which easement shall be appurtenant, and shall pass with title, to every Living Unit.

Section 3: Extent of Owners Easements. The Owners easements of enjoyment created herby shall be subject to the following:

A. With respect to the use and enjoyment of the portion of the Common Area which comprises the private roadways running through and around the Property, providing access to each Living Unit, the use of the said easement shall be unrestricted and each owner’s rights shall be co-extensive with the rights of all owners.

B. With respect to all other property comprising the Common Area and the Property, the Owners easements of enjoyment shall be subject to the rights and powers of the Association as follows;

Section 1: The Association shall have all of the common law and statutory powers of a corporation not for profit and all powers which may be granted to the Association or exercised by it under other applicable laws of the State of Florida, all of which are not in conflict with the terms of the Article, the Byelaws or the Declaration. The Association shall have all the powers set forth in Florida Statutes, Section 817.0302, as may be amended. The Association shall also have all the powers necessary to implement the purpose of the Association as set forth in this Declaration and to provide for the general health and welfare of its membership. The Association shall have the power to further delegate one (1) or more committees which, to the extent provided in the resolution designating said committee, shall have the powers of the Board of Directors in the management, affairs and business of the Association. The committee or committees shall have such name or names as may be determined from time to time by the Board of Directors, and said committee(s) shall keep regular Minutes of their proceedings and report the same to the board of directors, as required. The forgoing powers shall be exercised by the Board of Directors or its contractor or employees subject only to approval by Living Unit Owners when such is specifically required; and the undertakings and contracts authorized by the first Board of directors shall be binding upon the Association in the same manner as though such undertakings and contracts had been authorized by the first Board of Directors duly elected by the membership.

Section 2: The Association shall have the power to contract for the management of the Association and to delegate to the party with whom such contract has been entered into (which may be an affiliate of the Developer) the powers and duties of the Association, except those that require specific approval of the Board of Directors or the members. The Association shall also have the power to employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties, and to employ personnel to perform services required for the proper administration of the Association.

Section 3: The Association shall have all the powers and privileges and perform all of the duties and obligations of the Association as set further in the Declaration and as the same may be amended and extended from tine to times as herein provided. The Association shall also have the powers to make and establish reasonable rules and regulations governing the Lots and Common Areas in accordance with the terms as may be defined in the Declaration. The Association shall have the power to adopt. Amend and enforce, from time to time, rules and regulations, governing the use of the Lots and the Common Areas and all facilities at any time situated thereon, and the personal conduct of the members, or their guests thereon, and to establish penalties for the infraction thereof. Any rule and/or regulation so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration. The South Florida Water Management District Permit No. ____ is attached to this Declaration as 'Exhibit "A". The surface water Management permits and conditions are made a part of and shall be attached as an exhibit to the Declaration. The registered agent of tee Association shall maintain copies of the surface water management permits and conditions and of all future permitting actions of the South Florida Water Management District for the benefit of the Association.

Section 4: The Association shall have the power to fix, levy, collect and enforce payment by any lawful means, all required charges or assessments to fully operate and fund reserves pursuant to the terms of the Declaration. The association shall further have the power to levy assessments each Unit for the purpose of maintaining the Common Areas and facilities or the Property as otherwise provided in this Declaration, all in compliance with the provisions of the Declaration, and with the restrictions on the plats or portions of the Property from time to time recorded by Developer, and to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licences, taxes or governmental charges to be levied or imposed against the property of the Association. The Association is responsible for assessing and collecting fees for the operation and, if necessary, replacement of the surface water management system. Fees shall be assessed and collected through annual or special assessments.

Section 5: The Association shall have the power to acquire (by gift, purchase or otherwise), own, hoId, improve, build upon, operate, maintain, convey, sell, mortgage, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association. The Association shall have the power to mortgage any or all of Common Areas and facilities for the purpose of improvement or repair pursuant to approval of two-thirds (2/3) of a quorum of the Members / Owners who are voting in person or by proxy at a regular meeting of the Association or at a meeting duly called for such a special purpose.

Section 6: The Association shall have the power to borrow money for any purpose as may be limited in the Association Byelaws.

Section 7: The Association shall have the power to dedicate, sell 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 Board of Directors. No such dedication or transfer shall be effective unless an instrument has been signed by the majority of the Board of Directors, agreeing to such dedication, sale or transfer. The Association shall also have the power to convey any or all of said Common Areas to State, County or public agency pursuant to a lawful taking of eminent domain.

Section 8: The Association shall have the power to participate in mergers and consolidations with other non-profit corporations organized for the same purposes, or annex additional property and common area provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of each class of members.

Section 9: The Association shall have the power and responsibility to manage, control, operate, maintain, repair, replace and improve Common property including, without limitation, the surface water management system (SWMS) permitted in South Florida Water Management District, permit no. ____, including all lakes, retention areas, culverts and related appurtenances, and facilities and properly subsequently acquired by the Association or any property owned by another, for which the Association by rule, regulation, covenant or contract has a right of duty to provide such services. The South Florida Water Management District shall have the right to take enforcement action, including a civil action for an injunction and penalties against the Association to compel it to correct any outstanding problems with the surface water management system facilities under the responsibility or control of the association. The Association shall have the power and responsibility to maintain, repair, replace and improve the rear yard drains and the rear yard drain systems located on all lots (the “Rear Yard Drain System”).

Section 10: The Association shall have the power to enforce covenants, conditions, restrictions, rules or regulations affecting any property to the extent that the Association may be authorized to do so under the Declaration, The Articles or Byelaws. The Association shall have the power to suspend the voting rights and the right of an owner to use Common Areas, for any period during which an assessment levied against his or her Living Unit remains unpaid for more that thirty (30) days after notice, and for a period not to exceed sixty (60) days for any infraction of the Rules and regulations or until such time as infraction is corrected which ever is the greater. Suspension of common are use rights shall not impair the right of an Owner or tenant of a parcel to vehicular and pedestrian ingress to and ingress from the parcel, including but not limited to, the right to park.

Section 11: The Association shall have the power to engage in activities which will actively enforce and promote the common interest of all owners of Lots with West Stonebridge

Section 12: The Association shall have the power to enter into, make, perform or enforce contracts of every kind and description, and to do all other acts necessary, appropriate or with any other association, corporation or any other entity or agency, public or private. The Association shall also have the power reasonably necessary to implement and effectuate the purposes of the Association.

Section 13: The Association shall have the power to adopt, alter or amend or repeal the Byelaws as may be necessary or desirable for the proper management of the affairs of the Association, provided however, that such Byelaws may not be inconsistent with or contrary to any provisions of the Covenants.

Section 14: The Association shall have the power to sue and be sued.

Section 15: The foregoing enumeration of powers shall not limit or restrict in any manner the exercise of other and further rights and powers which may now or hereafter be allowed or permitted by law; and the powers specified in each of these Sections of this Article IV are independent powers, not to be restricted by reference to or inference from the terms of any other paragraph or provision in this Article IV.

Section 4: Delegation of Use. Any Owner may delegate his or her rights of enjoyment to the Common Areas and facilities thereon to the members of his or her family, guests, invitees, licensees, tenant and agents, subject to such general rules and regulations as may be established from time to time by the Association’s Board of Directors, and included within the Rules and Regulations, but not transfer said rights apart from the Living Unit

Section 5: Damages or Destruction of Common Area by Owner. In the event any portion of the Common Area is damaged or destroyed by an Owner or his or her guests, invitees, licensees, tenant and agents or members of his or her family, such Owner does hereby authorize the Association to repair said damaged area. The Association shall repair such damaged area in a good and workman like manner in conformance with the original plans and specifications of the area involved or as the area may have been modified or altered subsequently by the Association. At the discretion of the Association, the amount necessary for such repair shall become a special assessment upon the Living Unit of the said Owner, and a special assessment shall fall under the collection provisions outlined in Article V, Sections 3, 4, 5 and 6.

Section 6: Title to Common Areas. The Developer may retain legal title to the Common Areas or any portion thereof until such time as it has completed improvements to the Property. Notwithstanding any provision contained herein to the contrary, the Developer herby covenants that it shall convey the Common Areas (including, and without limitation, the surface water management system) to the Association free and clear of all liens and financial encumbrances, not later than upon the termination of the Class B membership. While title to all or a portion of the Common Area is retained by the Developer the Owner shall have all the rights and obligations imposed by the Declaration with respect to the Common Areas. Except as otherwise indicated herein, the Association shall own the Common Areas and surface water management system.

WEST STONEBRIDGE is an architecturally integrated sub division. Any changes in the Common Areas as originally approved must be approved by Polk County.

Section 7: Conveyance of Common Areas. For the purposes of this subsection the Common Areas, including tract “A” (the drainage and water management areas), shall include the drainage area described on the Plat of the subdivision. Except as otherwise indicated herein the Common Areas may be dedicated, sold or conveyed to the State, County, or public agency or may merge with another association or entity with or for the same purpose and responsibilities, but may not be sold to any private individual, corporation, partnership, firm or entity for profit.

ARTICLE V – COCENANT FOR MAINTAINANCE ASSESSMENTS

Section 1: Creation of the Lien and Personal Obligation of Assessments.

A. Each owner of any Living Unit, by acceptance of a deed thereof, whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay the Association the following:

a) Annual General Assessments or Charges;

b) Special Assessments for Capital Improvements or Repairs;

c) Annual or Special Living Unit Assessments or Charges;

d) Individual Assessments;

e) Municipal Mandated Assessments;

f) Commencement Assessment. “First original new purchaser from Developer”

g) Initiation Fee;

h) Capital Contribution Fee;

i) Administrative Assessment Transfer Fee; and

j) Annual or Special Assessments for Surface Water Management System and Rear Yard Drain Systems.

Each such assessment, together with late charges, interest and costs of collection thereof including attorney fees, shall be a charge on the land and shall be a continuing lien upon the Living Unit against which such assessment is made. Each such assessment, together with interest thereon, costs and reasonable attorneys’ fees as described above, shall also be the personal obligation of the person or entity who was the owner of the Living Unit at the time the assessment became due and payable; however the assessment will ultimately run with the unit.

B. Subject to the alternate provisions available to the Developer in Section 7 of this Article, and notwithstanding any of the provisions in this a Declaration, the Articles of Incorporation or the Byelaws to the contrary, the Developer shall be obliged to pay assessments only with respect to Living Units upon which it has completed construction as evidenced by the issuance of a certificate of Occupancy and to which it retains title for a period of six (6) months after the issuance of said Certificate of Occupancy. For any such Living Unit owned by the Developer, the Developer shall be entitled, if it so elects, to provide services and / or materials and receive credit for the value of same towards any assessments due from it rather than making such contribution as might be due from it in cash.

C. “Initiation Fess” shall mean and refer to a one-time fee to be collected from the buyer of a lot / unit each time the unit transfers owners. This fee is set at $150.00 and will be deposited into the Association general operating account.

D. “Capital Contribution Fee” shall mean and refer to a one-time fee to be collected from the buyer of a lot / unit each time the unit transfers owners. This fee is set at $250.00 and will be deposited into the Association Capital Improvement account.

Section 2. General Assessment.

A. Purpose of Assessment. The V levied by the Association shall be used for the maintenance, operation, improvement, repair and replacement management & legal representation of the Common Areas and facilities and for the promotion of the recreation, safety, health and welfare of all residents of the Living Units but are not limited to these purposes.

B. Basis for Assessment. Each Living Unit which is certified for occupancy and which has been conveyed to the Owner shall be assessed at a uniform rate.

C. Assessment Rate. The assessment per Living Unit shall be determined an set each year by the Board of Directors based upon the budget prepared in advance and divided equally among the Owners of the subdivision. The amount shall be sufficient to carry out the purposes outlined in this Article. The initial Annual Assessment is $631.34 beginning January 01 2004.

D. Operating Shortfall. The Board of Directors, without membership approval shall impose an assessment for the operating shortfall of any fiscal year with the submission of a shortfall budget depicting the deficit and the assessment required to fully fund the shortfall for that fiscal period.

(a) From and after January 1, of the year immediately following the termination of the Class B member, the annual assessment may be increased each year not more than 15% above the annual assessment for the previous year without a vote of the membership; however the Board may recapture any year in which the maximum increase was not assessed and combine the recaptured amount with the current increase rate of 15% without membership approval.

(b) From and after January 1, of the year immediately following the termination of the Class B member, the annual assessment may be increased each year not more than 15% by a 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; however the Board may recapture in any year in which the maximum increase was not assessed and combine the recaptured amount with the current increase rate of 15% without membership approval.

E. Method of Assessment. The Board, by a majority of the Directors, shall fix annual assessments upon the basis provided herein; provided, however, that the annual assessment must be sufficient to meet the obligations imposed by the Declaration. The Board shall set the date that such assessments shall become due. The Board shall provide for collection of assessments annually or in quarterly or bi-annual instalments; provided, however that upon default in the payment of any one (1) or more instalments by any owner, the entire balance of said annual assessment may be accelerated, as to the said Owner and Living Unit, at the option of the Board, with the same being declared immediately due and payable in full.

Section 3: Special Assessments for Capital Improvements and Repairs. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year and not more than the next succeeding year, for the purpose of defraying, in whole or in part, the cost of maintenance, 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 the majority of the Owners who are voting in person or by proxy at a special meeting duly called for said purpose. Said Special Assessments for Capital Improvements and Repairs shall be treated in all other respects as an annual general assessment.

Section 4: Annual or Special Living Unit Assessments or Charges. In addition to the annual and special assessments authorized above, the association may levy, in any assessment year, an annual or special living unit assessment or charge applicable to that year and not more than the next succeeding year, for the purpose of defraying, in whole or in part, the costs of any maintenance, construction, reconstruction, repair or replacement of those portions of the Living Units maintained by the Association, in the event of an owners default hereunder or emergency. Said Annual or Special Living Unit Assessments or Charges shall be treated in all other respects as an annual general assessment.

Section 5: Individual Assessments. In the event of an increase in maintenance responsibility due to an alteration in the landscaping or exterior appearance of a Living Unit or, in the event of an Owners default hereunder or emergency, the Association may levy an individual assessment, which shall be limited to that particular Living Unit. The Associations may also impose an individual assessment upon any Owner who abuses the Common Areas or increases their maintenance cost to the Association. Said Annual or Individual Assessments shall be treated in all other respects as an annual general assessment.

Section 6: Date of Commencement of Annual Assessment. The annual assessment provided for herein shall commence with respect to assessable Living Units on the date of the conveyance of the first Living Unit from the Developer to an Owner. The initial periodic assessment on any assessable Living Unit shall be collected at the time of closing on the conveyance to said Owner, and shall be adjusted according to the number of days remaining in the calendar year of said conveyance. Unit Owners will be required to submit any shortfall in the collection of the prorated assessment from the date of closing if closing agent fails to obtain accurate figures. The initial annual assessment is $631.34 beginning January 01 2004. Nothing contained herein shall in any way infringe upon the Developer’s rights to be excused from all assessments in exchange for its guarantee to pay operating deficits of the Association in accordance with the provisions of Section 7 of this Article.

Section 7: Effect on Developer. Notwithstanding any provision that may be contained to the contrary in this instrument, for as long as the Developer is the Owner of any Lot or undeveloped property within the Properties, the Developer shall not be liable for assessments against such Lots, provided that Developer funds an amount equal to the amount of operating expenses (exclusive of annual or special assessments required to meet the cost of improvements to the Common Areas, reserves and management fees) incurred during such period of time not produced by assessments receivables from other members of the Association. Developer may at any time or from time to time commence paying assessments as to Lots that it owns and thereby automatically terminates its obligation to fund deficits, but may at any time thereafter and from time to time again elect to follow the procedures in the proceeding sentence. When all Lots within the Properties are sold and conveyed to purchasers, Developer shall have no further liability of any kind to the Association for the payments of assessments or deficits.

Section 8: Effect of Non Payment of Assessments. Remedies of the Association. No Owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the Common Areas or abandonment of the Living Unit. If the assessments are not paid on the dates when due, then such assessments shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the appropriate Living Unit, which shall bind such Living Unit in the hands of the then Owner, his or her, devisees, personal representative, successors and assigns. The personal obligation of the then Owner to pay such assessment shall pass to his or her successors in title and recourse may be had against either or both.

If any instalment of an assessment is not paid within thirty (30) days after the due date, at the option of the Association, a late charge no greater than the amount of such unpaid instalment may be imposed. Only one late charge of $50 & interest may be imposed on any one unpaid instalment for every thirty (3) days a balance remains delinquent and if such instalment is not paid thereafter, it and the late charge shall accrue interest as provided herein, but shall not be subject to additional late charges. Each additional instalment thereafter coming due shall be subject to one late charge each and every thirty (30) days a balance remains delinquent, and all sums due shall bear interest from the dates when due until paid at the rate of eighteen percent (18%) per annum. The Association may bring an action at law against the Owner(s) personally obligated to pay the same or may record a claim of lien against the property on which the assessments and late charges are unpaid. The Association may pursue one or more of such remedies at the same time or successively. The attorneys fees and costs incurred by the Association in the collection of all delinquencies shall be added to the amount of such assessments, inters and late charges, and in the event that a judgement is obtained, such judgement shall include all sums as above provided and a reasonable attorneys fee to be fixed by the court, together with the costs of the action. The Association shall also be entitled to attorneys fees arising out of any appeal of any such action.

Section 9: Subordination of the Lien Mortgages.

A. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage representing a first lien on any Living Unit.

B. Sale or transfer of any Living Unit shall not affect the assessment lien; provided, however, the sale or transfer of any Living Unit pursuant to foreclosure shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer of any type shall relieve such Living Unit from liability for any assessments thereafter becoming due or from the lien thereof.

C. It is the express intent of this section, notwithstanding any other provision hereof, to subordinate the assessment lien referred to above only to first mortgages executed in favor of institutional mortgages which shall include banks, savings and loan associations, Insurance companies and mortgage bankers. In no event shall any second mortgage or other junior mortgage take priority over the assessment lien.

Section 10: Exempt Property. All Common Areas shall be exempt from assessments, charges and liens created herein.

Section 11: Annual Budget. By a majority vote of the Directors, the Board shall adopt an annual budget for the subsequent fiscal year which shall provide for allocation for expenses in such a manner that the obligations imposed by this Declaration will be met.

Section 12: Municipal Mandated Assessments.

A. Municipal Mandated Assessments. In addition to the Maintenance Assessment and the General Assessments authorized above, any member owner may apply to the governing body of Polk County, the municipality in which the properties are located, for its determination or Polk County on its own initiative may determine that it is necessary to mandate and levy an assessment for the purpose of defraying, in whole or part, the cost of any maintenance, reconstruction, repair or replacement of a capita improvement upon the Common Areas to be performed by Polk County by contract or by force account. Any such assessment shall be mandated and levied by an affirmative vote of two thirds of the members of said governing body after written notice and public hearing as provided in Paragraph B of this section.

B. Notice of Hearing for Municipal Mandated Assessments. Written notice of the public hearing set by Polk County governing body for the purpose of action authorized under Paragraph A of this section shall be sent to all member owners addressed to the addresses as shown by the most recent county ad valorem tax roll not less than thirty (30) days nor more than sixty (60) days in advance of hearing. At the hearing, any member in person or by attorney or attorney in fact shall be heard.

C. Cost Due Date(s) Effect of Non-Payment of Municipal Mandated Assessments. Upon completion of the assessment project the amount of the municipal mandated assessment shall be set by the governing body of the municipality but shall not exceed the actual cost thereof, including administrative costs which shall not exceed 10% of the direct costs. The municipal mandated assessment shall be due on the date(s) set by the governing body of the municipality, provided written notice thereof shall be sent to every member addressed to the addresses as shown by the most recent county ad valorem tax roll not less than thirty (30) days prior to the due date, or first due date in the case of monthly payment. Any municipal mandated assessment not paid in full within thirty (30) after the due date shall bear interest from the due date at a rate to be determined by the governing body of the municipality, which shall not exceed 12% per annum. If any sum of money of any municipal mandated assessment is not promptly paid within thirty (30) days next after the same becomes due, then the entire assessment or the entire balance unpaid thereon shall thereupon at the option of the municipality be and become due and payable. Polk County may bring an action at law against the owner personally obliged to pay the same or foreclose the lien against the property, or both. No owner may waive or otherwise escape liability for the municipal mandated assessment provided for herein by non-use of the Common Areas or abandonment of his or her Unit.

D. Notice shall be deemed delivered when deposited with the United States Postal Service as registered or certified mail address to the member – owner as shown by the most recent county ad valorem tax roll.

E. Notwithstanding anything to the contrary in Article V Section 12 herein, the provisions of Article V Section 12 shall be deemed amended to conform with any amendments to the applicable laws governing municipal mandated assessments for the City of St. Cloud or any other governing body.

Section 13: Commencement Assessment. A Commencement Assessment of two hundred and fifty and zero cents per lot shall be paid to the Association at the time of closing by the original purchaser of a Lot purchased from the Developer. The Association may use the Commencement Assessment for any of the purposes set forth in this Declaration. The Commencement Assessment shall be paid directly to the Association and shall be utilized in a manner consistent with other assessments.

Section 14: Administrative Assessment Transfer Fee. A one time Administrative Assessment of one hundred and fifty dollars and zero cents per lot shall be paid to the Association by any successive purchaser of a Lot at the time of closing on the purchase of the Lot. The Administrative Assessment is designed to defray the cost of the Association of maintaining accurate records including transfers of title and changes in addresses of all of its Members and to assure that all new Members receive a complete set of Governing Documents that relate to the rules, regulations and responsibilities of ownership within the community. The Administrative Assessment shall be paid directly to the Association and may be used for any purpose as set forth in this Declaration. The Administrative Assessment has no affiliation of fees by the Licensed Manager or Agent of the Association who may so collect for their professional services related to disclosure.

Section 15: Annual or Special Assessments for Surface Water Management System and Rear Yard Drain Systems. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, an annual or special assessment for surface water management system and rear yard drain systems for the purpose of operating, maintaining and replacing of the surface water management system and rear yard drain systems. Said annual or special assessment shall be treated in all other respects as an annual general assessment.

Section 16: Streets, Easements, Reservations, Rights of Way and Additional Restrictions.

A. No title to any land in any street is intended to be conveyed, or shall be conveyed, to the grantee under any deed or the purchaser under any contract of purchase unless expressly so provided in such deed or contract of purchase.

B.Easements, reservations and rights of way may be reserved by Developer and its successors and assigns in any conveyance it or they may make of said property or any portion thereof.

C. Developer may include in any contract or deed hereinafter made additional protective covenants and restrictions not inconsistent with those contained herein.

D. No dwelling house, garage, outbuilding or other structure of any kind shall be built, erected or maintained upon any easements, reservations or rights of way and easements. Reservations and rights of way shall, at all times, be open and accessible to public or quasi-public utility corporations and other persons erecting, constructing or servicing such utilities and quasi-public utilities and to Developer and its successors and assigns, all of whom shall have the right of egress thereto and therefrom and the right and privilege of doing whatever may be necessary in, under and upon said locations for the carrying out of any of the purposes for which said easements, reservations and rights of way are reserved or may hereafter be reserved, provided that all utilities, including but not limited to, electricity, water, sewer and cable television, shall be installed underground and the declination of streets, easements and rights of way on said plat shall be subject to this restriction and the acceptance of such streets, easements and rights of way by any governmental agency shall be subject to this restriction.

Section 17: Modification and Annulment of Covenants, Restrictions, Reservations and Servitudes. Except as otherwise provided herein, any of the covenants, restrictions, reservations, servitudes and assessments contained in this Declaration may be annulled, waived, changed or modified with respect to all or any portion of said property by Developer, with written consent of the owner or owners of record of the property desiring such annulment, waiver, changed or modification provided however any amendment which would affect the surface water management system, including the water management portions of the Common Areas must have the prior approval of South Florida Water Management District and Article V section 12A and 12B concerning Municipally Mandated Assessments also shall not be amended without the approval of Polk County. Any proposed amendment to the Declaration that would affect the surface water management system (including the surface water management portions of the Common Areas) must be submitted to the South Florida Water Management District for determination of whether the amendment necessitates a modification of the water management permit and for approval. If permit modification is necessary the modification must be approved by the South Florida Water Management District prior to the amendment.

Article VI – USE OF PROPERTY

Section 1: Protective Covenants.

A. Residential Use. All property designated as a Living Unit shall be used, improved and devoted exclusively to residential use. No business, profession or trade (except for Short Term Vacation Rentals may be permitted as home occupation of Polk County) shall be conducted on any portion of the property, but this prohibition shall not be applicable to the following: a) One Vacation Home Management Office Created by Developer To Be On-Site, of which may be sold or conveyed from time to time; b) Developer with respect to its development of the Property, construction and sale of Living Units, the use of Living Units as model units or the use of any portion of the Property as parking areas.

B. Common Areas. The Common Areas shall be maintained and operated by the Association as private property for the benefit of the parties described herein and on the terms and conditions set forth herein. Developer has agreed with the local government authorities in accordance with the regulations for the Davenport for Architecturally Integrated Subdivision that no part of the Common Areas shall be or can be dedicated or conveyed to the governmental authorities with the intent that, thereafter, the areas should be maintained by and at the expense of said governmental authorities the maintenance of same being obligation of the Association as more particularly set forth herein. Provisions confirming the private nature of and the Associations maintenance responsibility for the Common Areas shall be inserted in each deed from Developer to Owner, but the failure of such insertion shall in no way affect or alter the terms of this covenant. If for any reason the Association fails to maintain the Common Areas then Polk County has the right to order the required maintenance done and bill the Association for the cost as outlined herein under municipal mandated assessments, Article V Section 12. The South Florida Water Management District shall have the right to take enforcement action, including civil action for an injunction and penalties against the Association to compel it to correct any outstanding problems with surface water management facilities under responsibility or control of the Association

C. Nuisances. No noxious or offensive activity shall be carried on, in or upon and Living Unit, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighbourhood. No flammable, combustible or explosive fluid or chemical substance shall e kept in or upon any Living Unit except such as are required for normal household use and same shall be kept in the Living Unit. No Owner shall permit or suffer anything to be done or kept in or upon his or her Living Unit which will increase the rates of insurance as to other Owners, the Living Units and the Common Areas.

D. Parking. Each Living Unit will have the use of the garage and driveway located on their Lot for parking. Parking of any vehicle shall be prohibited on any portion of the City / County streets. Garages must be used for parking cars. Vehicles shall not be parked in any front or side yard of any Lot except in areas designated as a driveway. Vehicles in disrepair shall not be stored on the property. No passenger vehicle without current registration and licence tag will be allowed on the property or on any Owner’s Lot. All Owners must park in designated parking areas on their Lot. Any vehicle parked in violation of these or other regulations contained herein or in the Rules and Regulations adopted by the Association may be towed by the Association at the sole expense of the owner of such vehicle if it remains in violation of such rules for a period of 24 consecutive hours or for 48 non-consecutive hours in any 7 day period. The Association shall not be liable to the owner of such vehicle for trespass, conversion or otherwise or guilty of any criminal act by reason of carrying of this Section. These restrictions shall be valid until the Association modifies, changes or promulgates new restrictions.

Section 2: Prohibition on Improvement. Alteration etc. Each Living Unit is comprised of improvements in the form of a residential dwelling unit and land, with the land being located in front of, behind or to the side (or any combination thereof) of the improvements. Although said land shall be conveyed to each individual Owner as a portion of the Living Unit, no building, fence, wall, landscaping, addition to the existing structure, or other structures shall be constructed, commenced, erected or maintained upon said land until the same has been approved in writing by the Board of Directors of the Association and in accordance with Polk County regulations for an Architecturally Integrated Subdivision. No improvements shall be constructed, commenced, erected or maintained upon the Rear Yard Drain Systems.

Section 3: Rentals.

A. Living Units shall be allowed to be leased for less than 7 month terms. All leases shall be in wring, and shall require that leases comply with all requirements of this Declaration, The Articles of Incorporation and the Byelaws, Rules and Regulations, and the Book of Resolutions. The leasing of any unit does not relieve any liability of the Owner to the Association. Each Unit Owner is required to ensure that their home is properly licensed for short term vacation homes with the City, County and State and the unit owner will be responsible to ensure that all City, County & State Resort Taxes are collected and submitted to the proper taxing authorities.

B. The Board of Directors on all leases 7 months or longer must receive a copy of the lease agreement & all subsequent renewal agreements along with the professional background screening to include but not limited to: credit history, skip eviction trace and cleared criminal background report. The Board may express their concerns to the unit owner with regards to the tenant(s) within fifteen (15) days after its receipt of all required paperwork however the Board of Directors is not responsible for the approval process of the renters of any unit. Failure of the unit owner to notify the Board of Directors or to withhold required paperwork will be considered a violation of these covenants.

Section 4: Maintenance of Living Units.

A. Each Living Unit and all improvements therein or thereon, shall be maintained by each respective Owner in good order and repair and free of debris. Each respective Owner shall maintain, repair or restore the portion of the Living Unit contained on each respective Owner’s Lot. In the event an Owner of any Living Unit shall fail to maintain the said Living Unit, and the improvements as provided herein, the Association, after notice to the Owner and approval by two thirds (2/3) vote of the Board of Directors shall have the right to enter upon said Living Unit to correct, repair, maintain, and restore the Living Unit any other improvements erected thereon. Additionally the Association may bring a proceeding at law or in equity against any person(s) who fails to properly maintain said living Unit, and the improvements therein and thereon, either to require appropriate maintenance or for damages. All costs. including attorney’s fees and costs, related to such correction, repair or restoration shall be the personal obligation of the Living Unit Owner and shall become a lien against the subject Living Unit with the same force and effect of a lien created by the said Owner's failure to pay assessments when due.

B. The Association shall be responsible for:

a) Maintenance, repair. and restoration of Common Areas, including, but not limited to, the seeding, watering, and mowing of all lawns, pruning and cutting of all trees and shrubbery, all in a manner and with such frequency as is consistent with good property management. Maintenance shall include the replacement of fallen or dead trees;

b) Maintenance of Rear Yard Drain Systems, Drainage, drainage and water management areas, rear yard ditches, surface water management system and the Common Areas, including, without limitation, the landscaping and signage at the entrance and landscape easements if same becomes in disrepair. All material be shall either improved or replaced to protect the continuity of appearance with the original intention of the subdivision;

c) Such other services or responsibilities or powers, as are authorized in the Association Articles or Bylaws;

d) Cleanup, landscaping, maintenance, dredging, water treatment or other care of roads or other property (public or private) adjacent to or near the Property to the extent such care would, in the reasonable determination of the Board, be beneficial to the Property and to the extent that the Association has been granted the right to so care for the affected property by the owner thereof or other person authorized to grant such right, including, but not limited to, any appropriate governmental authority;

e) Emergency repairs and other work on Lots reasonably necessary for the proper maintenance and operation of the Project, including but not limited to, wall repairs;

f) No fence other than those erected by the Developer or Association is to be erected on any lot within the community. The association will not be responsible for repairs to landscape as a result of weeds, insects or acts of mother nature. Owner will be responsible for all repairs and replacement irrigation is to be maintained by the unit owner.

C. The Association shall have a right and easement in and to and from the land comprising each Living Unit and to the Common Areas and Property in order to maintain same or carry out the powers and responsibilities in accordance with this Section, and said right and easement shall be a covenant running with the and as to each Living Unit, the Common Areas and the Property. Such easement may not be removed from its intended use by subsequent owners or others.

D. In the event an improvement is damaged or destroyed by casualty, hazard or other loss, then, within a reasonable period of time after such incident the Owner thereof shall either commence to rebuild or repair the damaged improvement and diligently continue such rebuilding or repairing activities to completion or, upon the determination by the Owner that the improvement will not be repaired or replaced promptly, shall clear the damaged improvement and grass over and landscape the Lot in a sightly manner consistent with the Associations plan for beautification of the Property. A destroyed improvement shall only be replaced with an improvement of an identical size, type and elevation as that destroyed unless the prior written consent of the Association is obtained. Owner shall keep Owners Living Unit and all improvements therein or thereon insured against loss or damage by fire, lightening, windstorm and other perils customarily insured against or as may be reasonable required by the Association, in the full insurable value thereof (or such lesser amount as the Association may authorize in writing), with an insurer of high financial reputation and to which the Association has no reasonable objection. The policy or policies of insurance shall contain a standard clause in favor of the Association naming the Association as additional insured and shall be delivered to the Association. The policy or policies of insurance shall further contain a provision that the Association shall be provided 30 days prior written notice of any termination or adaptation of the policy or policies. Owner shall pay all premiums and charges for the maintenance and renewal of the insurance and shall furnish the Association with receipts and proof thereof not less than ten days before the expiration thereof, without notice or demand from the Association. If Owners fails to maintain insurance then the Association, without waiving any rights or remedies at law or in equity, may obtain such insurance for the protection of the Association, and any expenses reasonably incurred by the Association shall become immediately due and payable and shall bear interest at the highest lawful rate. Owner appoints the Association as Owners attorney-in-fact for the sole purpose of obtaining such insurance in the event of the Owner failing to maintain insurance as provided herein. Any such expenses, including attorneys fees and costs, related to the Association having to obtain insurance shall be the personal obligation of the Living Unit Owner and shall become a lien against such Living Unit with the same force and effect of a lien created by the said Owners failure to pay assessments when due. In the event of loss, the insurance proceeds shall be applied by Owner to the restoration and repair of the property.

Section 5 Architectural Control

A. Except for those improvements constructed by the Developer, no building, fence, wall, satellite dishes, antenna or other structures, or landscaping alterations or additions, shall be commenced, erected or maintained upon any Living Unit, nor shall any exterior addition to, change or alteration , including the changing of the existing colour of paint or of roofing materials therein, be made or undertaken until the plans and specifications showing the nature, kind, shape, height, colour, materials and location of the same shall have been submitted to and approved in writing 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, and all appropriate governmental authorities having jurisdiction thereover. Nothing herein shall be interpreted as giving any Owner the right to make any changes, alterations or additions of any kind, shape or nature to the exterior of his or her living unit. In addition the Architectural Control Committee shall have absolute and complete discretion in approving or disapproving any request submitted to it and may base its decision on any ground it, in the sole discretion, deems sufficient. This is an Architectural Integrated Subdivision and so, any changes to building, must have formal approval by Polk County and the Architectural Control Committee. All construction by any Owner on a Lot shall be performed by a contractor or builder duly licensed in the State of Florida.

B. Except to the extent formal approval bt Polk County is required, in the event said Board, or its designated committee, fails to approve or disapprove such plans within sixty (60) days after said plans and specifications have been submitted to it, approval will not be required and this section will deemed to have been complied with.

C. In the event any Owner shall commence, erect or maintain and building, fence, wall, satellite dishes, antenna or other structures, or landscaping alterations or additions upon any Living Unit in violation of this section, the Association, after notice to the Owner and approval by two thirds (2/3) vote of the Board of Directors shall the right to enter upon said Living Unit and remove or otherwise bring into compliance any building, fence, wall, satellite dishes, antenna or other structures, or landscaping alterations or additions, and any other improvements erected thereon. All costs related to such obligation of the Living Unit Owner shall become a lien against such Living Unit with the same force and effect of a lien created by the said Owners failure to pay assessments when due

D. All requests for approval of such plans and specifications shall be mailed or delivered to:

WEST STONEBRIDGE HOMEOWNERS ASSOCIATION INC.

Att: Boards Of Directors

c/o World of Homes

820 Palmway Street

Kissimmee FL 34744

Or such other address as shall from time to time be designated by the Association.

E. The provisions of this Section shall not apply to the Developer, its successors and assigns. Notwithstanding anything herein to the contrary, Developer shall have the right to appoint members of the Architectural Control Committee above described until the first to occur of the events specified in ARTICLE III – Section 2 contained herein.

ARTICLE VII – GENERAL PROVISIONS

Section 1: Duration

A. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty five (25) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years each unless cancelled by a vote of seventy five percent (75%) of the Owners and approved by the governing body of Polk County, Florida.

B. This Declaration may be terminated prior to the expiration of the initial twenty five (25) years after recordation, or the expiration of any ten (10) years extension period only by the written consent of all Owners, and approved by the governing body of Polk County, Florida and the South Water Management District, which consents shall be recorded among the Public Records of Polk County Florida.

Section 2: Amendment

A. Subject to the provisions of Sections 2B and 2C of this Article, this Declaration, except for the provisions of Article VI – Section 1B may be amended by a vote of a majority of persons or entities present in person or by proxy whereas a quorum was achieved and the amendments were provided to the entire membership prior to their review. To be effective all amendments must be filed in the Public Records of Polk County Florida. Unless otherwise specifically recited in said amendment the effective date thereof shall be the date same is filed in the Public Records of Polk County Florida and approved by the governing body of the City of Davenport, Florida. Unless otherwise specifically recited in said amendment the effective date thereof shall be the date same is filed in the Public Records of Polk County Florida.

B. Notwithstanding anything herein to the contrary until such time as the deeds to seventy five percent (75%) of the Living Units are recorded among the Public Records of Polk County Florida, Developer shall have the right to amend or modify this Declaration by recordation of an instrument containing such amendment or modification without the joinder of any Owner or the holder of any mortgage of any Living Unit, provided that no such amendment or modification by Developer shall materially affect any Living Unit or the rights of any Owner, mortgagee or the Polk County. Any amendments or modifications must meet with the approval of the governing body of Polk County.

C. Notwithstanding anything herein to the contrary, all amendments must be approved by the governing body of Polk County, Florida.

D. Any amendment to the Declaration which would affect the surface water management system or water management portions of the Common Areas shall be submitted to the South Water Management District for review and approval prior to finalization of the amendment. The South Water Management District shall determine if the proposed amendment will require a modification of any surface water management permit. If a permit modification is necessary, the modification must be approved by the South Water Management District prior to the amendment of the Declaration.

Section 3: Enforcement. Enforcement of these covenants, provisions and restrictions shall be accomplished by means of a proceedings at law or in equity, against any person or persons violating or attempting to violate any covenant, condition, reservation or easement, either to restrain the violation or for damages and against the land to enforce any lien created by these covenants; and failure by the Association, the Developer, or any sub-association or any Owner to enforce any covenant, condition, reservation or easement, herein contained shall in no event be deemed a waiver of the right to do so thereafter. These remedies shall be cumulative of all other remedies provided by law.

Section 4: Legal Fees. Any and all legal fees, including but not limited to attorneys fees and court costs, which may be incurred by the Association in the enforcement of any of the provisions of this Declaration, regardless of whether such enforcement requires judicial action, shall be assessed (by either general or special assessment) against and collectable from the Living Unit or Owner against whom such action was taken and shall be a lien against such Owners Living Unit in favour of the Association. Any provisions in this Declaration for the collection or recovery of attorneys fees shall be deemed to include but not be limited to attorneys fees for attorney services at all trial and appellant levels and unless the context clearly indicates to the contrary intention, whether or not suit is instituted.

Section 5: Severability. Invalidation of one (1) or more of the covenants or restrictions contained in this Declaration, or amendments, hereto, by judgement of court order shall in no way affect any other provisions hereof, all of which shall remain in full force and effect as if said invalidated provisions had never existed.

Section 8: FHA-VA Approval. Notwithstanding any other provisions in this Declaration to the contrary, for as long as there is Class B Membership, the following actions will require the prior approval of the FHA or the VA.

A. Annexation of additional properties.

B. Declination or mortgaging of the Common Area.

C. Amendment to this Declaration other than to correct ambiguities or conflicts.

Approval of the FHA or VA shall only be required if any mortgage encumbering a Living Unit is guaranteed or Insured by either of such agencies.

Section 7: Condemnation. In the event of all or any part of the Common Area owned by the Association shall be taken or condemned by any authority having the power of eminent domain, all compensation and damages shall be paid to the Association. The Board of Directors of the Association shall have the right to act on the behalf of the Association with respect to the negotiation and litigation of the taking or condemnation issues affecting such property. The Owners may, by vote of 80% of the total voting power hereunder, agree to distribute the proceeds of any condenation or taking by eminent domain, and if the Lot and Unit Owners shall not so agree such proceeds shall be added to the funds of the Association.

Section 8: Survival. Any and all easements, licences or other rights granted or reserved herein shall survive any termination any termination of this Declaration.

ARTICLE VII – SPECIFIC PROVISIONS

Section 1: Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, barn or other outbuilding shall be placed, erected or used at any time, temporarily or permanently, on the Property, except for the use of structural trailers, offices and warehouses by Developer during any construction on the Property, and except as otherwise provided herein. The Architectural Control Committee may grant permission for an outbuilding, shed or other structure of a temporary character upon making the finding that the proposed structure is in harmony with the architecture of the main residence and does not detract from the appearance from the subdivision or negatively impact property values in the subdivision.

Section 2: Windows and Glass Doors. No Owner shall be permitted to place tin foil or other covering (except for white draperies, white blinds, or other white window treatment, as same is conventionally defined by decorators) upon any window or sliding glass doors in Living Unit, nor shall said Owner be permitted to tint any window or sliding glass doors in his or her Living Unit without first receiving the written approval of the Architectural Control Committee.

Section 3: Oil and Mining Operations. No Oil drilling, development operations, refining, quarrying or mining operations of any kind shall be permitted on the Property, nor shall oil wells, tanks, tunnels, mineral excavators or shafts be permitted on the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on the Property. No above or underground gas or oil tanks of any kind shall be installed or placed on the Property.

Section 4: Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept in or on any Living Unit, except that household pets such as dogs and cats may be kept subject to the restrictions set forth in Section 5 below.

Section 5: Household Pets. No more than 2 non-vicious dogs, cats or other household pets per Living Unit may be kept, provided they are not kept, bred or maintained, for any commercial purpose and in conformance with the Polk County ordinances and regulations. For the purposes of this section the term ‘vicious’ shall include, but not be limited to, Pit-bulls, Rottweilers, Mastiffs, Doberman Pincers, Presa Canarios, German Shepherds, Wolves, Wolf Dogs, Lions, Tigers, Jaguars. Leopards, Panthers, Ocelots, Bobcats, Lynx and any other breed or specific animal that, in the sole opinion of the Association, through the Board of Directors, is vicious or constitutes a threat to Association members or guests. Nothing herein shall prohibit current law enforcement officers from keeping their trained canine patrol dogs. Further, allowed household pets shall not be allowed outside of the confines of the Living Unit unless such pets are kept on leashes while outside of the confines of the Living Unit. Each Owner shall be responsible for cleaning up after their pets, including, without limitation, pet waste.

Section 6: Waste and Rubbish Disposal. No Living Unit shall be used or maintained as a dumping ground for waste or rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers or as required by the Association or the applicable ordinances of Polk County, Florida. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. All sanitary containers, or containers as required by the Association or the applicable ordinances of the City of St. Cloud, shall be kept in the garage for each Living Unit except for on the days trash, garbage or other waste pickup.

Section 7: Commercial Trucks, Trailers and Boats. In order to maintain the high standards of the subdivision with respect to residential appearance, no trucks or commercial vehicles, boats, house trailers, boat trailers or trailers of every other description, including campers or any vehicle registered RV, shall be permitted to be parked or stored at any place on said Property except during periods construction by the Developer, nor shall any inoperable or dilapidated motor vehicles be parked on any portion of said Property for the purpose of repairing or maintaining the same. Vehicles carrying or displaying permanent or temporary commercial markings, commercial messages or signs may be parked or stored in the subdivision only with the express written consent of the Architectural Control Committee of WEST STONEBRIOGE HOMEOWNERS ASSOCIATION INC. Application for approval for the parking or storing of vehicles with commercial marking, commercial messages or signs must be submitted in writing to the Architectural Control Committee prior to the parking or storing of the vehicle on the Property. All motor vehicles within the property must bear a current license plate and be in operable condition at all times. No vehicles shall be permitted to be parked on the street at any time. No trucks above two tons or semitrailer trucks will be allowed to be parked on said Property at any time. The prohibitions of this subparagraph shall not apply to temporary parking of trucks and commercial vehicles for pick up, delivery and other commercial services, or to pick-up trucks for personal use of a lot owner to a maximum of one ton capacity.

Section 8: Antennas. No television or radio antenna or tower shall be constructed or be attached or connected in any manner to any portion of any structure constructed on the Property or otherwise; unless such conforms to ARC approval and can not be see from the front of the unit or be considered an obstruction for any other unit owners view. The association may adopt reasonable rules and regulations that must be followed or the association may enter upon and remove such items.

Section 9: Painting. No Exterior Living Unit or portion thereof, whether now or hereafter constructed shall be painted, except as approved by the Architectural Control Committee in the manner provided in Article VI -Section 5 herein.

Section 10: Signs. In order to ensure a harmonious effect as to the overall appearance of the Property no signs of any type shall be displayed in any Living Unit where same is visible to the outside thereof, or on any portion of the Property. This shall include, but is not limited to, advertisements and solicitations. Notwithstanding anything to the contrary contained herein, “For Sale" or “For Rent” signs will be permitted only if they do not exceed two (2) feet by two (2) feet and only if they are located in the window of the residence. Notwithstanding anything to the contrary contained herein, this prohibition shall not apply to the Developer its successors or assigns so long as the Developer retains title to any Living Unit.

Section 11: Outdoor Clothes Drying. Outdoors clothes drying activities are hereby prohibited and no such activities shall be conducted on any portion of any Living Unit or the Common Areas; unless such conforms to ARC approval and can not be seen from the front of the unit or be considered an obstruction for any other unit Owner's view. The association may adopt reasonable rules and regulations that must be followed or the association may enter upon and remove such items.

Section 12: Games and Play Structures. No individual game or play structures, including but not limited to basketball hoops and backboards, skate board ramps, trampolines, swing sets, tree houses or platforms shall be located on any portion of the Property other than those installed by the Developer or authorized by the Association.

Section 13: Irrigation Wells. Irrigation wells for the purpose of providing groundwater for lawns, shrubs and other landscape materials shall not be permitted for individual single family lot owners.

Section 14: Garages. No residence will be constructed without having a double car garage. All garages shall remain permanently as functional automobile garages, (excluding the home used by the Vacation Home Management of the entire Association).

Section 16: Fencing. No fences other than those erected by the developer or the association are permitted on any lot so as to deny free access to the landscape that will be maintained by the association. Should the association vote to discontinue maintaining landscape of the lots the members may petition the association to allow for private fences that shall be constructed of PVC or other such materla1s as may come available in the future subject to the prier approval of the Architectural Control Committee. Fences shall be six (6) feet in height except as otherwise required by law, all as approved by the Architectural Control Committee. No chain link fencing shall be allowed.

Section 16: Dwellings. No more than one (1) dwelling unit shall be erected, constructed or maintained on any one (1) lot or upon any building sits consisting of one or more lots and, all of one lot and part of another, or of contiguous parts of two (2) lots which form an integral unit of land suitable for use as a building site for a dwelling. No re-subdivision shall be permitted, except in compliance herewith. All dwellings are to be no more than two (2) stories in height. When the construction of any dwelling or building an any Lot is once begun, work thereon must be prosecuted diligently and must be completed within a reasonable not to exceed eight (8) months. The construction site shall be free of debris and shall not be a site for storage of unnecessary storage materials. Reconstruction of any building damaged or destroyed by fire or other casualty shall commence immediately and shall be completed within nine (9) months after the date of such damage or destruction.

Section 17: Construction Materials. No residence, building, garage, fence, wall or other structure shall be constructed on any Lot of any material except new material. No previously constructed structure, modular housing or portion thereof, sjall be moved to a Lot from any other location. All exterior finishes and other construction materials must be approved by the Architectural Control Committee.

Section 18: Lot Conditions. Prior to completion of construction of a residence upon any Lot, the Owner thereof shall cause to be planted on the front, side and rear yards of each Lot shall be fully sodded prior to issuance of a certificate of occupancy.

Section 19: Enforcement. In addition to the enforcement provisions provided in Article VII- Section 3 above, the Association is hereby granted an assessment over the Living Unit of each Owner for the purpose of enforcing the provisions of this Article, and may upon the Living Unit of said Owner to remove or repair any violation of these provisions. In the event that the Association, after notice to the Owner of any violation and the Owner’s failure to cure the same, does in fact exercise its right to cure said violation, all costs incident to said action by the Association shall become the personal obligation of the Owner and shall be imposed as a lien against his or her Living Unit in the same manner as if said sums represented monies due for unpaid assessments.

Section 20: Utility Easements. Developer hereby grants a perpetual right and easement in and to the Property to any utility company which provides its services to the Property in order to install, maintain, repair or replace the same, and said right and easement shall be a covenant running with the land. As used herein, the term utility company shall include, but not be limited to, companies or public entities providing water, sewer, electricity, telephone, telecommunications or cable television services.

Section 21: Public easements. Fire, police, health and sanitation and other public service personnel and vehicles shall have permanent and perpetual easement if ingress and egress over and across the Common Areas and Property.

ARTICLE IX – MISCELLANEOUS

Section 1: Action Without Meeting. Any action required to be taken hereunder by vote or assent of the Members may be taken in the absence of a meeting by obtaining the written approval of the requisite number of Members. Any action so approved shall have the same effect as though taken at a meeting of the Members and such approval shall be duly filed in the minute book of the Association.

Section 2: Interpretation. The Board of Directors shall have the right to determine all questions arising in connection with this Declaration and to construe and interpret its provisions and its determination, construction or interpretation, shall be binding. In all cases, the provisions of this Declaration shall be given that interpretation or construction that will best lend toward the consummation of the general plan of improvements.

The provisions of this Declaration shall be liberally construed to effectuate their purpose of creating a uniform and consistent plan for the development and operation of the Property as an integral portion of West Stonebridge.

Section 3: Authorized Plan. All actions which the Association is allowed to take under this instrument shall be authorized actions of the Association if approved by the Board of Directors in the manner provided for in the Byelaws of the association, unless the terms of this instrument provide otherwise.

Section 4: Severability. In the event of any of the provisions of this Declaration shall be deemed invalid by a court of competent jurisdiction said judicial determination shall in no way effect any of the other provisions hereof, which shall remain in force and effect and any provisions of this Declaration deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed limited to the maximum term and scope permitted by law. Further, the invalidation of any of the covenants or restrictions or terms and conditions of this Declaration or reduction in the scope of term of the same by reason of judicial application of the legal rules against perpetuities or otherwise shall in no way affect any other provision which shall remain in force for such period of time and to such extent as may be permitted by law.

Section 5: Withdrawal. Anything herein to the contrary notwithstanding, Developer reserves the absolute right to amend this Declaration at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of the Property from the provisions of this Declaration.

Section 6: Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Byelaws of the Association and the Articles shall take precedence over the Byelaws.

Section 7: Invalidity. The invalidity of any part of this Declaration shall not impair in any manner the validity, enforceability or effect of the balance of the Declaration which shall remain in full force and effect.

Section 8: Gender and Number. The use of the masculine gender herein shall be deemed to include the feminine gender and the use of the singular shall be deemed to include the plural whenever the context so requires.

Section 9: Effective Date. This Declaration shall become effective upon its recordation in the Polk County Public Records or January 01, 2004 whichever occurs first.

Section 10: Law to Govern. This Declaration shall be construed in accordance with the laws of the State of Florida, both substantive and remedial.

IN WITNESS THEREOF, the undersigned, being the Developer herein, does hereby make this Declaration of the Covenants and Restrictions for WEST STONEBRIDGE and has caused this Declaration to be executed in its name, on the day and year first written above.

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