BEACH WOODS PROPERTY OWNERS ASSOCIATION

155 River Woods Boulevard

Melbourne Beach, Florida 32951

Phone:  321-729-6223  Fax:  321-984-1458    email:  beach-woods-office@cfl.rr.com

 

 

AMENDED BY LAWS OF THE BEACH WOODS PROPERTY OWNERS ASSOCIATION, INC (May 31, 2000)

 

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STAGE 9 

2005

 

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AN AMENDMENT TO THE DECLARATION OF RESTRICTIONS,
COVENANTS AND CONDITIONS OF THE BEACH WOODS PROPERTY
OWNERS ASSOCIATION, INC. (12/1995)

KNOW ALL  MEN BY THESE PRESENTS:

WHEREAS,  the original developer of the parcel of real property described herein established and recorded that certain  Declaration of  Restrictions, Covenants and Conditions at Official Record Book 2035, Page 238, Public Records of Brevard county, Florida; and,

WHEREAS,  control of the homeowner’s association established therein has been relinquished to the individual homeowners of the development; and,

WHEREAS, the owners of the units contained within the parcel of real property desire to amend the Declaration of Restrictions, Covenants and Conditions at Official Record Book 2035, Page 238, Public Records of Brevard County, Florida; and,

WHEREAS,  the following declaration of Restrictions, Covenants and Conditions has been approved by the owners of a more than 2/3 of the lots within the subject property,

NOW THEREFORE, the deed restrictions, covenants and conditions are amended in full as follows:

I. DEFINITIONS

a. Hereinafter, wherever the term “Association” is used, it shall mean and refer to BEACH WOODS PROPERTY OWNERS ASSOCIATION, INC.

b. Hereinafter wherever the term “Beach Woods P. U. D.” is used it shall mean and refer to the overall Beach Woods Planned Unit Development on file with the Brevard County Planning and Zoning Department, said P.U.D. consisting of 375 units and two parcels equaling approximately 1.0 and 1.90 acres of commercially zoned property.

c. Hereinafter wherever the term “lot” is used it shall mean and refer to any lot, unit, dwelling, condominium unit, parcel or tract of land owned or occupied in any stage or phase of, or in the overall Beach Woods Planned Unit Development on file with the County Planning Department or any parcel of land adjacent thereto, owned by Developer or its predecessor in title, its successors or its assigns.

If any section of the documents is/or becomes contradictory to any state law, this does not invalidate any other section of the documents, nor any other portions of that section.  Furthermore, any interpretation needed to bring documents into compliance with the law shall be as narrow as possible

II. PROPERTY SUBJECT TO THIS DECLARATION;  ADDITIONS THERETO, DELETIONS THEREFROM

Section 1. Legal Description.  The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration and the restrictions herein is located in Brevard County, Florida, and at this time legally described in Exhibit “A” attached hereto:

III PROPERTY RIGHTS

Section 1.  Title to Common Area.  The only common area in the property herein shall be those areas as more specifically designated on any recorded plat within Beach Woods P.U.D.  and/or that property more specifically describe in the Bylaws for Beach Woods Property Owners Association, Inc.

Section 2. Owner’s Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pass with the title to every Lot, subject to suspension for the following:

a. Violation of rules and regulations governing use and enjoyment to the common areas adopted by the Association, said suspension not to exceed sixty (60) days;

b. For any period during which any Assessment remains delinquent.

IV. PROPERTY OWNERS’ ASSOCIATION

Section 1.   Membership. Every person or entity who is a record fee simple Owner of a Lot in BEACH WOODS P.U.D. including the developer at all times as long as it owns any part of the Property within the BEACH WOODS P.U.D., , shall be a member of the Association, provided that any such person or entity who holds an interest only as security for the performance of an obligation shall not be a member.  Membership shall be appurtenant to, and may not be separated from, ownership of any Lot which is subject to assessment.

There shall be one vote per lot, as heretofore defined, according to the initial plats being recorded herewith and any subsequent plats, stages or phases of BEACH WOODS P.U.D.  The owner of each lot shall be entitled to cast one vote.  Where the lot is owned by more than one person, all the owners thereof shall be collectively entitled to the vote assigned to such lot, and such owners shall, in writing, designate an individual who shall be entitled to cast the vote on behalf of the owners of such lot of which he is a part until such authorization shall have been changed in writing.

Section 2.  Establishment of Property Owners’ Association. There shall be established a Beach Woods Property Owners’ Association, hereinafter referred to as “Association”, composed of record owners of each lot.  The Association shall be BEACH WOODS PROPERTY OWNERS’ASSOCIATION, INC., a corporation not for profit, organized and existing under the laws of the State of Florida.  The Association shall administer the operation and maintenance of the common areas of Beach Woods and other duties hereafter provided for.  The Association shall have all the powers and duties set forth in this Declaration and in the Articles of Incorporation and Bylaws and as granted by the laws of the State of Florida to non-profit corporations.

Said Association shall be governed by a Board of Directors consisting of at least seven MEMBERS who shall be members of the Association.  All members of the Board of Directors shall be elected at the annual meeting by a majority of Association members who vote.  A majority of said Board of directors shall constitute a quorum to transact business at any meeting of the Association’s Board of Directors, and the action of a majority present at the meeting at which a quorum is present shall constitute the action of the Board of Directors and Association.

Section 3. Powers of the Property Owners’ Association. The Association shall have the power to make and establish reasonable rules and regulations governing the use of the lots, units and grounds in the above described property.  The Association shall have the power to levy and collect assessments against the owners of the lots for the purpose of maintaining, repairing, or replacing the property in the event that the owner of a lot should fail to maintain his property.  Each lot owner shall bear the cost and be responsible for the maintenance, repair and replacement, as the case may be, of all the air conditioning and heating equipment, electrical and plumbing fixtures, kitchen and bathroom fixtures, and all other appliances or equipment, including any fixtures and/or their connections required to provide water, light, power, telephone, sewage and sanitary service to the unit and which may now or hereafter be affixed or contained within the lot.  Such owner shall further be responsible for the maintenance, repair and replacement of all walls, roofs and exterior surfaces of his unit and all other buildings or structures of any type which may be placed upon the property of said unit owner and shall also be responsible for the painting of all such aforesaid structures located on his property, including his unit.  Such lot owner shall further be responsible for the maintenance of the ground of his lot, including the lawn, shrubbery, trees and plants located within the fenced in property.  Property owners are responsible for the maintenance and repair of the sidewalk and driveway which service their unit and garage.

a. Each owner of any lot (by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance) including purchase at a judicial sale, shall hereby be deemed to have granted to the Association and/or other lot owners, an express easement for access to and for the repairs,  including but not limited to maintenance, repair and replacement of all water , power, sewer and utility lines or services which may service, pass through, over or under each owner’s lot, even though the item requiring repair or replacement, belongs to or services and benefits another lot owner’s property.  However, in the event the required repair is for the benefit of another lot owner’s property, and in order to properly repair the same, access shall be given in or through another lot owner’s property, such non-benefiting lot owner hereby grants to the benefiting lot owner, whose lot requires such repair, or to the Association, an express easement for such repair,  but at the sole cost and expense of the benefiting lot owner.

b. In the event an owner fails to maintain or repair his property as required, within thirty days of notice of same, the Association shall have the right to maintain repair or replace the same and shall assess the owner for the reasonable cost of such maintenance, upkeep, repair or replacement, in accordance with the assessment procedure set forth in these restrictions.  The Association shall act immediately if immediate action is deemed necessary.  Such action shall be at owner’s expense.

c. Said Association shall expressly have the power to contract for the management of the Property Owners’s Association and common areas, further having the power to delegate to such contractor any or all of the powers and duties of the Association.  Said Association shall further have the power to employ personnel to perform the services required for proper administration of the Association.

d. 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.

e.  In addition to the above, the Association may levy and make assessment against any lot owner for the purpose of defraying, in whole or in part, the cost of any construction not complete, reconstruction if necessary, unexpected repair or replacement of a capital improvement or structure, outstanding  assessment, general or special for maintenance, capital improvements or major repair, as approved by the Board of Directors of the Association.   Assessment for the same shall be according to the procedures contained in this document for assessments.  If not paid by said owner within sixty days after being provided with a written notice of such charge, the same shall become a lien upon said lot until paid and may be collected by an action to foreclose said lien, or by an action at law, at the discretion of the said Association, its successors and/or assigns.  All such assessments, together with late charges and other charges, and costs of collection thereof (including reasonable attorney’s fees), shall be a charge on the land and shall be a continuing lien upon the lot(s) against which each such assessment is made, and shall also be the personal obligation of the owner.

Section 4. Parking Controls.

a. The Association shall establish and maintain a vehicle identification and parking control program to assure that all vehicles parked in Beach woods are authorized, identified by Beach Woods decal and properly registered, licensed and in operating condition.Parking controls shall be established to assure identification of vehicles and equitable distribution of parking spaces.  

b. All streets are designated as fire lanes and on street parking is prohibited.  The Association shall establish procedures, including a schedule of fines to assure that security regulations and parking spaces as assigned are not abused or misused.

V. COVENANTS FOR MAINTENANCE AND OTHER ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments.  Each owner of any lot owned within BEACH WOODS P.U.D., hereby covenants and each owner of any lot (by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance) including any purchaser at a judicial sale, shall hereafter be deemed to covenant and agree to pay the Association any assessments or charges, and any special assessments for capital improvements  or major repair; such assessments to be fixed, established and collected from time to time as hereinafter provided.  All such assessments, together with late charges and other charges, and costs of collection thereof  (including reasonable attorney’s fees)’ shall be a charge on the land and shall be a continuing lien upon the lot against which each such assessment is made, and shall also be the personal obligation of the Owner.

Section 2. Purpose of Assessments.  The annual and special assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents, and in particular for the improvement and maintenance of Common Area and any easement in favor of the Association, including, but not limited to, the cost of taxes, insurance, labor, equipment, materials, management, maintenance and supervision thereof, and undertaken by the Association.

Section 3. Annual Budget and Assessments.  The Board of Directors of the Association shall approve annual budgets in advance for each fiscal year and the budget shall project anticipated income and estimated expenses in sufficient detail to show separate estimates for operating expenses, maintenance expenses, repairs, management expenses, replacement reserve and reasonable reserves for the continued maintenance and operation of any other items deemed necessary for the protection of all property owners.  Each owner shall be liable for the payment to the Association of their share of the common expenses as determined in said budget.

Beach Woods Property Owner’s Association, Inc. shall make an annual assessment for each living unit in Beach Woods by action of its Board of Directors.  Notice shall be given all owners who are assessed by delivering or mailing a notice thereof to the voting member representing each living unit at such member’s most recent address as shown on the books and records of the Association.  One-twelfth (1/12) of the annual assessment shall be due and payable in advance to the Association on the first day of each month regardless of whether or not the members are sent notice thereof.  There shall be a late charge of twenty-five percent (25%) due on any assessment received after the tenth day of the month. Owners shall be responsible for any charges levied by the bank for check returned unpaid.

Section 4 Members Approval of Annual Assessments.  Assessments (monthly maintenance fee} set by the Board, must be approved by a simple majority of members of the Association present at the meeting called by written notice to approve such assessments.

Section 5 Commencement of Annual and Special Assessments, Due Date.   Delinquency.      The due date of payment of the assessments for which provisions are made hereunder shall be fixed by the Board of Directors.  The Board shall provide to owners at least thirty days advance notice as to any special Assessment being due.  The Board shall notify owners at least thirty days in advance of any change of the monthly amount due pursuant to the annual Assessment.  All notices shall be in writing and sent to each owner’s address on file with the Association.

Section 6 Uniform rate of Assessment.  All regular and special assessments shall be at a uniform rate for each lot in Beach Woods P.U.D.

Section 7. Special Assessments for Capital Improvements and Major Repairs.    In addition to any annual assessments, the Board may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a capital improvement as approved by the Board of Directors of the Association, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty days in advance and shall set forth the purpose of the meeting.

Section 8. Effect of Non-Payment of Assessments Liens.  Remedies of the Association.  Any Assessment (Annual or Special)  not paid when due is declared to be delinquent and shall become a lien upon the lot upon which it is owed and shall bind successors in title.  Should said delinquent assessment not be paid within sixty days of the date it was due, the Association shall be entitled to file a Claim of Lien for said unpaid assessment and all costs of collection thereon.  The Association may elect to bring a lawsuit to foreclose its lien in accordance with the laws of the State of Florida.  The owner shall pay all costs of collection including a reasonable attorney’s fee incurred as a result of any delinquency.  All Assessments shall also constitute a personal obligation of the owner(s) of the subject lot and the Association may bring suit at law seeking a judgment thereon.  Each of the remedies herein described are cumulative and the use of any one does not exclude the Association from use of any other.

Section 9. Waiver.  No owner may avoid liability for any sums due hereunder by non-use of any common area or amenity or abandonment of the subject lot.

Section 10. Subordination.  The lien of the Association described herein shall be subordinate to any institutional first mortgage.  An institutional first mortgage shall be defined as a first mortgage executed in favor of a bank, savings and loan association, mortgage company or insurance company.  The lien of the Association is expressly superior to any second or subordinate mortgage executed in favor of a non-institutional lender.  Further, the lien of the Association is expressly superior to any non-institutions first mortgage.

VI. EXTERIOR MAINTENANCE ASSESSMENT

Section 1. Exterior Maintenance.  In addition to maintenance upon the Common Area, the Association may provide upon any lot requiring same, when necessary in the opinion of the Board of Directors of the Association to preserve the beauty, quality of the neighborhood, maintenance, including, but not limited to, paint, repair, roof repair and replacement, gutters, downspouts, exterior building surfaces, yard cleanup, air conditioners, mailboxes, lamppost, sidewalks and driveways.

Section 2. Assessment of Costs. The cost of such maintenance shall be assessed against the Lot(s) upon which such maintenance is performed.  The assessment shall be apportioned among the Lots involved in the manner determined to be appropriate by the Board of Directors of the Association.  If no allocation is made, the assessment shall be uniformly assessed against all of the Lots in the affected area.   The exterior maintenance assessments shall not be considered part of the annual or special assessments.  Any exterior maintenance assessment shall be a lien on the Lot and the personal obligation of the owner and shall become due and payable in all respects, together with interest and administrative fees and fees for the cost of the collection, as provided for  the other assessments of the Association, and shall be subordinate to mortgage liens to the extent provided by Section 10 of Article V hereinabove.

Section 3.  Management Responsibility.  Should any item in section 1 need attention, management will notify the owner that he has been given thirty days to complete the work.  It is the owner’s responsibility to notify Management that maintenance has been completed.

Section 4.  Multiple Unit Dwelling. As multiple unit dwellings are considered one building, all building owners in the unit shall be notified of the necessary maintenance.  In the event all owners cannot agree on having the work done and sharing the cost, management will proceed in accordance with Article VI, Section 2, against each owner in the multiple unit.

VII. ARCHITECTURAL CONTROL

Section 1. Building Structures.  No building or other structure shall be erected, placed, or altered on any building lot until two sets of the building plans, two sets of specifications and two copies of a plot plan have been submitted to the Board of Directors of the Association and the same approved by the Architectural Control Committee in writing in the following particulars: (1) that said building or other structure complies in all respects with these restrictions, reservations and conditions, and (2) that said building or other structure is in conformity and harmony not only with respect to the topography and finished ground elevations, but also with the architectural design of completed or proposed other structures located on said property.  The Association’s approval of said plans, specifications and plot plans shall be evidenced by the signature of its duly authorized representative and returned to the applicant of one set of said plans, specifications and plot plans, the other copy of each to be retained by the Association.

Section 2. External Changes to Existing Units.

a. Policy: The Board of Directors shall be responsible to preserve the conformity and harmony of design of Beach Wood’s units.

b. Procedures:

(1) The Board of Directors shall appoint three or more members to an Architectural Control Committee for the execution of the above policy.

(2) The committee is to review all requests for change of external design or color of Beach Woods units prior to commencement of work to insure architectural harmony.

(3) The committee is to work with the manager to insure that all standards are clearly understood and implemented.

(4) Proposed changes in the rules of operation of the committee or its standards are to be submitted to the Board of Directors prior to implementation.

(5) Painting of a multiple unit building is to be performed by one painting company agreed upon by the majority or otherwise selected by the Manager.

(6) Any changes to outside of units such as lawn adornments, house adornments, changes in standard garage doors, house numbers, antennas, etc., require a request form.

(7) Changes to units to accommodate handicapped persons such as ramps, railings etc. will  be speedily approved upon receipt of the Architectural Control Committee application form.  Material, colors and design to be compatible with Beach Woods approved standards.  When handicap facilities are no longer needed, units are to be returned to their previous state.

(8) The committee must approve or disapprove a request for change within thirty days.

(9) Owners not agreeing with decisions of the Committee may appeal to the Board of Directors.

Section 3. Landscaping.  No landscaping changes shall be made without approval of the authorized representative of the Board of Directors.

VIII. RESTRICTIONS

Section 1. Party Walls. General Rules of Law to Apply.  Each wall which is built as part of the original construction of the homes upon the properties and placed on the dividing line between the lots shall constitute a party wall, and the general rules of law regarding party walls and liability for the property damage due to negligence or willful acts or omissions shall apply thereto.

Section 2. Fences. With the exception of the existing fences or party walls as of the date of this instrument, no fence or fence walls shall be constructed, erected or maintained on or around any portion of a building lot without the express written consent of the Architectural Control Committee.  No alterations or modifications of the existing fences and party walls may be made without the consent of the Architectural Control Committee.  The owners of the units or lots having party walls or fences shall at all times maintain said party walls or fences in a good state of repair.

Section 3. Signs. No sign of any kind shall be displayed to the public view on any lot except one professionally painted sign of not more than five square feet advertising the property for sale or rent, or signs of like size used by a builder to advertise the property during the construction and sales period.

Section 4. Maintenance of Vacant Lots and Dwellings.  All lots shall be maintained in good appearance and free from overgrown weeds and from rubbish.  In the event any lot is not so maintained, then the Association shall have the right to enter upon said lot for the purpose of cutting and removing overgrown weeds and rubbish, and the expense thereof shall be charged to and paid by the owner of each lot.  If not paid by said owner within thirty (30) days after being provided with a written notice of such charge, the same shall become a lien upon said lot until paid and enforced as provided herein.

Section 5.  Garbage and Trash Disposal. No lot shall be used or maintained as a dumping ground for rubbish, trash or other waste.  There shall be no burning of trash or any other waste material.  Trash, garbage, yard waste, and recyclables shall be placed at the curb on days designated for pickup.

Section 6. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.  There shall be no solicitations of any kind except by lawful permit obtained from the applicable governmental body.

Section 7. Temporary Structures.  No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.

Section 8. Livestock and Poultry.  No livestock, houses, poultry or animals of any kind shall be raised, bred or kept on any lot, except that dogs and cats may be kept provided that they are not kept, bred or maintained for any commercial purposes, and provided each household shall have no more than one pet per unit and further that pets must be kept on a leash when outside the owner’s property.  All dog waste deposited on Beach Woods property must be immediately recovered and properly disposed of by pet owner.  Failure to comply with leash required or proper waste recovery and disposal policy will result in a fine for each incident as specified in the rules and regulations.

Section 9. Clotheslines.  There shall be no clotheslines placed in the common areas, and no fence or balcony shall be used as a clothesline.  Clotheslines are permitted behind fenced areas that are not visible to the other lots in the planned unit development.

Section 10. Cutting Down of Trees Prohibited.   Lot owners shall be prohibited from cutting down any trees, regardless of where located, without advance written approval by the Association.

Section 11. Residents Per Unit.   The number of residents residing within any particular unit shall not exceed two occupants per bedroom.

Section 12. Vehicles Per Unit.  The number of vehicles belonging to the resident, to be parked in Beach Woods, may not exceed the number of parking spaces allocated to the unit.

Section 13. No Commercial Activity. Units shall be exclusively for residential usage and no commercial activity shall be carried on in any unit.   Commercial vehicles owned by residents  may not be parked overnight in Beach Woods.

Section 14. Recreational Vehicles. Recreational vehicles shall only be parked in an area designated by the Association for such use.

IX UNIT RENTALS

Section 1. Beach Woods is an Equal Housing Opportunity association and will not impose any restrictions contrary to the FAIR HOUSING ACT or laws that have jurisdiction over rental or housing agreements.

Section 2. These documents are under restriction.  Any section of the documents which is found to be contradictory to state or local laws shall be interpreted in such a way to conform to such law.  Whether the section specifically is amended or not.

Section 3. Rental restrictions.  Every owner of every improved lot shall have the right to rent said lot to one (1) lessee and members of the lessee’s immediate family and quests.  No rooms may be rented and no transient tenants may be accommodated.  No lease of a lot shall release or discharge the owner thereof of compliance with this section or any of the other duties or responsibilities of lot owners as established in the Declaration of Restrictions.  Time sharing of lots is prohibited.  All leases shall be in writing and shall be submitted to the Property Owners Association or to the Association’s designated management company, which lease shall contain the name of the rental agent, the name of the tenant, the length of the lease term, and all other standard provisions normally found in residential leases.  In the event of tenants residing in improved lots on a seasonal basis, the lease should contain the out of town resident’s address.  All leases entered into by lot owners shall be subject to the Declaration of Restrictions, Covenants, and Conditions of Beach Woods as well as all Rules and Regulations promulgated by the Property Owners Association.

Section 4.  In addition, property owners may rent their units to tenants in accordance with the following stipulations and to other requirements which may be established by the Board of Directors.

a. The number of tenants in each unit shall not exceed two occupants per bedroom.

b. Upon renting the unit, the owner surrenders his/her rights to the use of all Beach Woods amenities.

c. The tenant shall present his/her lease to the office to obtain a gate card, decal and recreation key.

d. Unfurnished units must have a lease term of at least one year unless a waiver is granted.

e. Furnished units must be rented for a minimum of one month.

f. The number of vehicles belonging to the tenant, to be parked in Beach Woods, may not exceed the number of parking spaces allocated to the unit being rented.  

g. A common area security deposit must be supplied to the Association in the amount designated by the Board of Directors.  In any event, the unit owner will be held responsible for damages by his/her tenants.

X. EASEMENTS

In addition to those matters set forth in Article IV,  Section 3 herein, easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat, or as heretofore granted by the said Developer.  Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities,  or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements, or which are or might be prohibited by the public authority to whom said easement is given.  The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

XI AMENDMENT

The owners of at least a majority of the lots may change these covenants in whole or in part by voting in favor of said changes and having the same duly recorded in the public records of Brevard County, Florida.

XII ENFORCEMENT

Section 1. If the owner or owners of property in Beach Woods P.U.D. or any other person or persons, or any of them, or any of their heirs, personal representatives, successors or assigns, shall violate or attempt to violate any of the covenants or restrictions contained herein, it shall be lawful for any other person or persons owning any real property situated in Beach Woods P.U.D. to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction and either to prevent him or them by injunction from so doing or continuing to do such acts and/or to recover damages as a result of such violation.

Section 2. The Association shall be entitled to an award of all costs, including reasonable attorney’s fees,  including appeal, incurred in any legal proceedings to enforce any covenant or restriction contained in this Declaration.

XIII. DRAINAGE AND UTILITY EASEMENTS

Except for any construction  performed pursuant to specific prior approval from Brevard County, Florida, there shall be no construction whatsoever in any areas designated on the plat as a drainage or utility easement.

XIV. COLOR CONTROL

No owner of any lot may change the existing color of his respective unit without the prior approval of the Architectural Control Committee.

XV. OIL AND MINING OPERATIONS

No oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, wells for water, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot.  No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

XVI. DEFAULT

Section 1. The holder of an institutional first mortgage acquiring title to a lot by foreclosure of its mortgage or by acceptance of a voluntary conveyance in lieu thereof or a purchaser at a judicial sale resulting from the foreclosure of an institutional first mortgage and their successors and assigns shall not be liable for prior assessments or liens pertaining to such lot or chargeable to the former lot owner which became due prior to such acquisition of title.

Section 2. Any person who acquires an interest in a lot, except through foreclosure of an “institutional first mortgage”, shall be personally liable and jointly  and severally liable with the prior owner for all unpaid liens or assessments up to the time of the transfer of ownership.

XVII GARAGES

Section 1. Garages must be owned by members of the Beach Woods Property Owners Association.  Free standing garages cannot be owned by non-unit owners.  If the owner of a free standing garage fails to sell his garage at the time of sale of his residential unit, he must continue to pay the regular monthly assessment to the Association without accompanying rights to the use of the amenities or right to rent said garage.

Section 2. Cost of maintenance/repair of free standing garages will be the responsibility of the owner.

Section 3. Garages are not to be used for business operations.

Section 4. Beach Woods Property Owners Association, is exempt from this provision

XVIII. RECREATION AND CLUB FACILITIES

The association reserves the right to establish rules and regulations concerning the use of the various recreation facilities.

XIX GENERAL PROVISIONS

Section 1. Duration and Remedies for Violation. The Covenants and Restrictions of this Declaration shall run with and bind the property,  and shall inure to the benefit of and be enforceable by the Association or the Owner of any property subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifty years from the date this Declaration is recorded, after which time said Covenants and Restrictions shall automatically be renewed for an additional fifty year period unless a resolution terminating or amending these covenants has been recorded and signed by a majority of the then homeowners.  Violation or breach of any condition, covenant or restriction herein contained shall give the Association and/or owner(s)  in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms of said conditions, covenants and restrictions, and to prevent the violation or breach of any of them, and the expense of such litigation shall be borne by the then owner(s) of the subject property.

Section 2. Notices. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as a member or owner on the records of the Association at the time of such mailing.

Section 3. Severability   Invalidation of any one of these covenants and restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

Section 4.   Usage.    Whenever used, the singular shall include the plural and the singular, and the use of any gender shall include all genders.

Section 5. Effective Date. This Declaration shall become effective upon its recordation in the public records of Brevard County, Florida.

XX. INDEMNIFICATION

Every Director and every officer of BEACH WOODS PROPERTY OWNERS ASSOCIATION, INC. shall be indemnified by the Corporation against all expenses and liabilities, including attorney fees, reasonably incurred by or imposed upon him or her in connection with any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of his or her being or having been a Director of Officer of the Corporation, whether or not he or she is a Director or Officer at the time such expenses are incurred, except in such cases wherein the Director or Officer is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties.  Provided, however, that in the event of any claim for reimbursement of indemnification hereunder based upon a unilateral settlement  by the Director or Officer who then seeks such reimbursement or indemnification, the indemnification herein shall only apply if the Board of Directors approves such a settlement and reimbursement as being in the best interests of the Corporation.  The foregoing rights to which such Director or Officer may be entitled.


IN WITNESS WHEREOF, the Association has caused these presents to be executed as required by law, on this the day and year first written above.

Signed, sealed and delivered in  the BEACH WOODS PROPERTY OWNERS
presence of: ASSOCIATION, INC.

M. Jennifer Wolf By: Ivan Kusinitz

         

Roy G. Puckett President



STATE OF FLORIDA
COUNTY OF BREVARD

I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared  to me well-known to be the person described in and who executed the foregoing Declaration of Restrictions for the purposes therein expressed on this     7th   day of November, 1995.


David W. Dyer
Notary Public, State of Florida
My Commission Expires:  August 23, 1998


(Original signatures and notary stamp are found on the original documents.)

OR Book / Page   3532 / 3380



EXHIBIT  “A”

BEACHWOODS, STAGE ONE, PHASE ONE as recorded in Plat Book 25, Page 152;  BEACHWOODS, STAGE ONE, PHASE TWO, as recorded in Plat Book 25, Page 152;  BEACHWOODS, STAGE TWO, PHASE ONE, as recorded in Plat Book 25, Page 153;  BEACHWOODS, STAGE TWO, PHASE TWO, as recorded in Plat Book 26, Page 66;  BEACHWOODS, STAGE THREE, PHASE ONE, as recorded in Plat Book 26 page 4;  BEACHWOODS, STAGE THREE, PHASE TWO, As recorded in Plat Book 27, page 20; BEACHWOODS STAGE THREE, PHASE THREE,  as recorded in Plat Book 27, Page 28;  BEACHWOODS, PHASE FOUR, As recorded in Plat Book 27, Pages 29 and 30;  BEACHWOODS STAGE FIVE, PHASE ONE, as recorded in Plat Book 29, Page 59;  BEACHWOODS STAGE FIVE, PHASE TWO, as recorded in Plat Book 30, page 19;  BEACHWOODS, STAGE SIX, As recorded in Plat Book 34, Page 71;  BEACHWOODS, STAGE SEVEN, PHASE ONE, as recorded in Plat Book 32, Page 57;  BEACHWOODS, STAGE SEVEN, PHASE TWO, as recorded in Plat Book 31, Page 87;  BEACHWOODS, STAGE SEVEN, PHASE THREE-A, as recorded in Plat Book 30, Page 16;  BEACHWOODS, STAGE SEVEN, PHASE THREE-B, as recorded in Plat Book 31, Page 96;  BEACHWOODS, STAGE SEVEN, PHASE FOUR, as recorded in Plat Book 31, Page 41 and BEACHWOODS, STAGE EIGHT, as recorded in Plat Book 32, Pages 24 and 25, all Public Records of Brevard County, Florida.


“upc code on original copy”  under upc code is  Book/Page:3532/3367

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AMENDED BYLAWS OF BEACH WOODS PROPERTY OWNERS’ ASSOCIATION, INC.

ARTICLE  I

NAME AND LOCATION

The name of the corporation is BEACH WOODS PROPERTY OWNERS’ ASSOCIATION, INC.  hereinafter referred to as the “Association.”  The principal office of the corporation shall be located at 155 Riverwoods Blvd., Melbourne Beach, FL 32951, but the meeting of the members and directors may be held at such places within the state of Florida, County of Brevard, as may be designated by the Board of Directors.

Article  II

DEFINITIONS

As used herein the following terms shall be defined as follows:

Section 1. “Association shall mean and refer to BEACH WOODS PROPERTY OWNERS’  ASSOCIATION, INC.,  its successors and assigns.


Section 2. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot, tract or parcel which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 3. “Properties” shall mean and refer to all those properties contained within the Beach Woods planned unit development.

Section 4. “Common Areas” shall mean all real property (including improvements thereto) owned by the Association, in fee simple, by virtue of dedication to the Association, or otherwise, for the common use and enjoyment of the owners.

Section 5. “Lot” shall mean and refer to any unit, dwelling, condominium unit, parcel, tract or plot of land in any stage or phase of or in the overall Beach Woods Planned Unit Development on file with the Brevard County Planning and Zoning Department with the exception of the Common Area, and/or  road right -of-way as shown or subsequently shown on any recorded subdivision map or stage of the overall P.U.D. of the properties if dedicated to a public authority or other entity for maintenance.  Each lot is subject to assessment and entitles each owner to voting rights as hereinafter defined.

Section 6.  “Member” shall mean and refer to those persons entitled to membership as provided in the Declaration, and Articles of Incorporation of the Property Owners’ Association.

Section 7. “Declaration” shall mean and refer to that set of Declaration of Restrictions and all amendments thereto as applicable to BEACH WOODS PROPERTY OWNERS’ ASSOCIATION, INC., and to any part of BEACH WOODS P.U.D.

Section 8. “Beach Woods P.U.D.” shall mean the overall Beach Woods Planned Unit Development on file with the Brevard County Planning and Zoning Department, said P.U.D. consisting of 375 units and two parcels equaling 1.0 and 1.90 acres of commercially zoned property.

ARTICLE  III

MEETING OF MEMBERS

Section 1.   Annual Meetings.     The first annual meeting of the members shall be held within one year from the date turnover is completed to the Association, as provided for in the Declaration, and each subsequent regular annual meeting of the members shall be held during the same month of each year thereafter.

Section 2.     Notice of “Annual” Meetings.  Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen days before such meeting to each member entitled to vote thereat, addressed to the member’s address last appearing on the books of the Association, or supplied by such member to the Association for the purposes of notice.   Such notices shall specify the place, day and hour of the meeting.

Section 3.     Special Meetings Special meetings of the members may be called at any time by the president or by a majority of the Board of Directors or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the vote.

Section 4.     Quorum.     The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-tenth (1/10) of the votes of the membership shall constitute a quorum for any action except as otherwise  provided in the Articles of Incorporation, the Declaration, or these Bylaws.  If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting, until a quorum as aforesaid shall be present or represented.

Section 5.     Proxies.     At all meetings of members, each member may vote in person or by proxy.  All proxies shall be in writing and filed with the secretary.  Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his lot.

ARTICLE  IV

BOARD OF DIRECTORS:  SELECTION:   TERMS OF OFFICE

Section 1.     Number.     The affairs of this Association shall be managed by a Board of  seven directors, who must be members of the Association.

Section 2.     Term of Office.     The members shall elect seven directors for a term of two years.  Four shall be elected in one year and three shall be elected in alternate years to establish continuity.  Except at the first election when the two standing directors shall remain in office for two years.   Two shall be elected for two years, and three new directors shall be elected for a term of one year.

Section 3.     Removal.     Any director may be removed from the Board by a majority vote of the members of the Association.  Such a vote shall be required upon receipt by the Board of a petition requesting removal of the subject Board member signed by the owners of at least 20% of the voting lots.  In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. 

Section 4.     Compensation.     No director shall receive compensation for any service he may render to the Association.  However, any director may be reimbursed for his actual authorized expenses incurred in the performance of his duties.

Section 5.     Action Taken Without a meeting.     The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of a majority of the directors or by obtaining verbal approval by telephone.  Any action so approved shall have the same effect as though taken at a meeting of the directors.

ARTICLE  V

NOMINATION AND ELECTION OF DIRECTORS

Section 1.     Nomination.     Nomination for election to the Board of Directors shall be made by a Nominating Committee.  Nominations may also be made from the floor or  prior to the annual meeting.    The Nominating Committee shall consist of a Chairman, who shall be a member of the board of Directors, and two or more members of the Association.  The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting.  The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.  Such nominations shall be made from among members.

Section 2.     Election.     Election to the Board of Directors shall be by secret written ballot.  At such election the members or their proxies shall cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration.  The persons receiving the largest number of votes shall be elected.  Cumulative voting is not permitted.

ARTICLE  VI

MEETINGS OF DIRECTORS

Section 1.     Regular Meetings.     Regular meetings of the Board of Directors shall be held at such place and hour as may be fixed from time to time by resolution of the Board.

Section 2.     Special Meetings.     Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any four directors, after not less than three days notice to each director.

Section 3.     Quorum.     A majority number of directors shall constitute a quorum for the transaction of business.  Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

ARTICLE  VII

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 1.     Powers.     The Board of Directors shall have power to:

(a)     adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;

(b)     suspend the voting rights and right to use the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association.  Such rights may also be suspended after notice and hearing, for a period not to exceed sixty days for infraction of published rules and regulations;

(c)     Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration;

(d)     declare the office of a member of the Board of directors to be vacant in the event such member shall be absent from three consecutive regular meeting of Board of Directors; and 

(e)     employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties.

(f)      mortgage and encumber Common Areas and assign such assessments or portions thereof to owners, provided, however, that the authority to mortgage and encumber said common area shall require the prior approval of the members as set forth in Article V, Section 7 of the Declaration.

(g)     withdraw, borrow, or cause a loan to be made from time to time to more efficiently meet the needs of the Association of sufficient amounts from the Association’s reserve funds, provided that, any such withdrawal, borrowing, or loan must be approved in advance by simple majority of members of the Association present at the meeting called to approve such a transaction.  

(h)     to contract for the management of the Association and common areas and to delegate to such contractor all of the powers and duties of the Association, if so approved by the Board of Directors.

(i)     to employ personnel to perform the services required for proper administration of the Association.

(j)     The undertakings and contracts authorized by the said 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.     Duties.     It shall be the duty of the Board of Directors to:

(a)     cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members and/or at any special meeting.

(b)     supervise all officers, agents and employees of this Association, and to see that their duties are properly performed:

(c)     as more fully provided in the Declaration, to:

(1)     fix the amount of the annual assessment (monthly maintenance fee)  against each unit or projected unit at least thirty days in advance of each annual assessment period.

(2)    send written notice of each assessment to every owner subject thereto at least thirty days in advance of each annual assessment period; and

(3)     foreclose the lien against any property for which assessments are not paid within thirty days after due date or to bring an action at law against the owner personally obligated to pay the same.

(d)     issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid.  A reasonable charge may be made by the Board for the issuance of these certificates.   If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;

(e)     procure and maintain adequate liability and hazard insurance on property owned by the Association;

(f)     cause all officers or employees having fiscal responsibilities to be bonded as it may deem appropriate;

(g)     cause the Common Area to be maintained.

(h)     Protect all property rights,  interests, easements or rights-of-way, or otherwise, which are acquired by or conveyed to this Association, now or hereafter.

(i)     collect costs of damages to Association property from individuals or other entities.

(j)     set and collect reasonable penalties and fines for violations of the Association’s rules and regulations.

(k)     collect reasonable costs for non-routine services provided to individual unit owners.

ARTICLE VIII

OFFICERS AND THEIR DUTIES

Section 1.     Enumeration of Offices.   The officers of this Association shall be president and vice president, who shall at all times be members of the Board of Directors, a secretary and a treasurer, and such other officers as the Board may from time to time by resolution create.   

Section 2.     Election of Officers.     The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.

Section 3.     Term.     The Officers of this Association shall be elected annually by the Board and each shall hold office for one year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.  

Section 4.     Special Appointments.     The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such periods, having such authority, and perform such duties as the Board may, from time to time, determine.

Section 5.     Resignation and Removal.      Any officer may be removed from office by the Board.  Any officer may resign at any time giving written notice to the Board, the president or the secretary.  Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

Section 6.     Vacancies.     A vacancy in any office may be filled by appointment by the Board.  The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.

Section 7.     Multiple Offices.     The offices of secretary and treasurer may be held by the same person.

Section 8.     Duties.     The duties of the officers are as follows:

PRESIDENT

(a)     The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out.

VICE  PRESIDENT

(b)     The vice president shall act in the place and stead of the president in the event of his absence, or inability to act and shall exercise and discharge such other duties as may be required of him by the Board.


SECRETARY

(c)     The secretary shall oversee the recording of votes and the keeping of minutes of all meetings and proceedings of the Board and of the members; the keeping of the corporate seal of the Association and of affixing it on all papers requiring said seal; the serving of notices of meetings of the Board and of the members; the keeping of appropriate current records showing the members of the Association together with their addresses; and shall oversee the performances of such other duties as required by the Board.

TREASURER

(d)     The treasurer shall oversee:  the receipt and deposit in appropriate bank accounts of all monies of the Association; disbursement of such funds as directed by resolution of ;the Board of Directors; the sighing of all checks and promissory notes of the Association; and the keeping of proper books of account.  The treasurer shall cause an annual review of the Association books to be made by a certified public accountant at the completion of each fiscal year; and shall oversee the preparation of an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and shall oversee the deliverance of a copy of each to the members.  Checks exceeding an amount designated by the Board shall be counter signed.

ARTICLE  IX

COMMITTEES

The Association shall appoint an Architectural Control Committee as provided in the Declaration, and a Nominating Committee, as provided in these Bylaws.  In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.

ARTICLE  X

BOOKS AND RECORDS

The Books, Records and Papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member.  The Declaration, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any member at the principal office of the Association. where copies may be purchased at reasonable cost.

ARTICLE  XI

ASSESSMENTS

As more fully provided in the Declaration, each member is obligated to pay to the Association all assessments, annual, special or otherwise, and said assessments shall be secured by a continuing lien upon the property against which the assessment is made.  Any assessments which are not paid when due shall be delinquent.  No Owner may waiver of otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of lot.

ARTICLE  XII

CORPORATE SEAL

Section 1.     These Bylaws may be amended at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy, provided such amendment shall not be inconsistent with the Declaration.

Section 2. In the case of any conflict between the Articles of Incorporation and these by-laws, the Articles shall control;  and in the case of any conflict between the Declaration and these By-Laws,  the Declaration shall control;  and in the case of any conflict between the Declaration and the Articles, the Declaration shall control.

ARTICLE XIII

MISCELLANEOUS

The fiscal year of the Association shall begin on the first day of January and end on the 31 day of December of every year, except that the first fiscal year shall shall begin on the date of incorporation.

IN WITNESS WHEREOF, the Association has caused these presents to be executed as required by law, on this, the day and year first written above.

Signed, sealed and delivered BEACH WOODS PROPERTY OWNERS
in the presence of : ASSOCIATION, INC.

Jennifer Wolf BY:  IVAN KUSINITZ
Roy Puckett President

State of Florida
County of Brevard

I hereby certify that on this day before me, an officer duly qualified to take acknowledgments, personally appeared to me well-known to the person described in and who executed the foregoing Declaration of Restrictions for ;the purposes therein expressed on this 7th day of November, 1995.

David W. Dyer
Notary Public, State of Florida

Clerk of Courts Brevard County

My Commission Expires:   August 23, 1998

CNF  95919628

Book pages 3532/3356
3532/3357
3532/3358
3532/3359
3532/3360
3532/3361
3552/3362
3552/3363
3552/3364
3532/3365
3532/3366

Date  12-29-95  6:33PM

Stage 9 Documents: