WOODS PROPERTY OWNERS ASSOCIATION
River Woods Boulevard
Beach, Florida 32951
321-729-6223 Fax: 321-984-1458 email:
AMENDED BY LAWS OF THE BEACH WOODS PROPERTY OWNERS ASSOCIATION, INC (May 31, 2000)
AMENDMENT TO THE DECLARATION OF RESTRICTIONS,
AND CONDITIONS OF THE BEACH WOODS PROPERTY
ASSOCIATION, INC. (12/1995)
ALL MEN BY THESE PRESENTS:
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,
control of the homeowner’s association established therein has been
relinquished to the individual homeowners of the development; and,
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,
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
THEREFORE, the deed restrictions, covenants and conditions are amended in full
wherever the term “Association” is used, it shall mean and refer to BEACH
WOODS PROPERTY OWNERS ASSOCIATION, INC.
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
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
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
SUBJECT TO THIS DECLARATION; ADDITIONS THERETO, DELETIONS THEREFROM
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:
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.
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:
of rules and regulations governing use and enjoyment to the common areas
adopted by the Association, said suspension not to exceed sixty (60) days;
For any period during which any Assessment remains delinquent.
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.
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.
of Property Owners’ Association.
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.
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.
of the Property Owners’ Association.
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
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.
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.
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
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.
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.
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.
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.
FOR MAINTENANCE AND OTHER ASSESSMENTS
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
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
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
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.
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.
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.
rate of Assessment.
All regular and special assessments shall be at a uniform rate for each lot in
Beach Woods P.U.D.
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.
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.
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.
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.
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.
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
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.
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.
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:
said building or other structure complies in all respects with these
restrictions, reservations and conditions, and (2)
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
Changes to Existing Units.
Board of Directors shall be responsible to preserve the conformity and harmony
of design of Beach Wood’s units.
Board of Directors shall appoint three or more members to an Architectural
Control Committee for the execution of the above policy.
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
committee is to work with the manager to insure that all standards are clearly
understood and implemented.
changes in the rules of operation of the committee or its standards are to be
submitted to the Board of Directors prior to implementation.
of a multiple unit building is to be performed by one painting company agreed
upon by the majority or otherwise selected by the Manager.
changes to outside of units such as lawn adornments, house adornments, changes
in standard garage doors, house numbers, antennas, etc., require a request
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.
committee must approve or disapprove a request for change within thirty days.
not agreeing with decisions of the Committee may appeal to the Board of
No landscaping changes shall be made without approval of the authorized
representative of the Board of Directors.
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.
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.
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.
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.
and Trash Disposal.
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.
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.
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.
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.
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
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.
The number of residents residing within any particular unit shall not exceed
two occupants per bedroom.
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.
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.
vehicles shall only be parked in an area designated by the Association for
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.
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.
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.
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.
number of tenants in each unit shall not exceed two occupants per bedroom.
Upon renting the unit, the owner surrenders his/her rights to the use of all
Beach Woods amenities.
tenant shall present his/her lease to the office to obtain a gate card, decal
and recreation key.
units must have a lease term of at least one year unless a waiver is granted.
units must be rented for a minimum of one month.
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.
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.
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.
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.
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.
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.
AND UTILITY EASEMENTS
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.
owner of any lot may change the existing color of his respective unit without
the prior approval of the Architectural Control Committee.
AND MINING OPERATIONS
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.
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.
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.
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.
of maintenance/repair of free standing garages will be the responsibility of
are not to be used for business operations.
4. Beach Woods Property Owners Association, is exempt from this provision
AND CLUB FACILITIES
association reserves the right to establish rules and regulations concerning
the use of the various recreation facilities.
and Remedies for Violation.
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.
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.
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.
Whenever used, the singular shall include the plural and the singular, and the
use of any gender shall include all genders.
Declaration shall become effective upon its recordation in the public records
of Brevard County, Florida.
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,
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.
WITNESS WHEREOF, the Association has caused these presents to be executed as
required by law, on this the day and year first written above.
sealed and delivered in the
WOODS PROPERTY OWNERS
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
of November, 1995.
Public, State of Florida
Commission Expires: August 23, 1998
signatures and notary stamp are found on the original documents.)
Book / Page 3532 / 3380
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.
code on original copy” under upc code is Book/Page:3532/3367
BYLAWS OF BEACH WOODS PROPERTY OWNERS’ ASSOCIATION, INC.
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.
used herein the following terms shall be defined as follows:
shall mean and refer to BEACH WOODS PROPERTY OWNERS’ ASSOCIATION,
INC., its successors and assigns.
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.
shall mean and refer to all those properties contained within the Beach Woods
planned unit development.
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.
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.
shall mean and refer to those persons entitled to membership as provided in
the Declaration, and Articles of Incorporation of the Property Owners’
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.
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.
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.
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.
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.
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.
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.
OF DIRECTORS: SELECTION: TERMS OF OFFICE
The affairs of this Association shall be managed by a Board of seven
directors, who must be members of the Association.
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
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
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
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.
AND ELECTION OF DIRECTORS
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
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.
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.
MEETINGS OF DIRECTORS
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.
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.
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.
AND DUTIES OF THE BOARD OF DIRECTORS
The Board of Directors shall have power to:
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;
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;
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;
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
employ a manager, an independent contractor, or such other employees as they
deem necessary, and to prescribe their duties.
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.
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.
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.
to employ personnel to perform the services required for proper administration
of the Association.
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.
It shall be the duty of the Board of Directors to:
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.
supervise all officers, agents and employees of this Association, and to see
that their duties are properly performed:
as more fully provided in the Declaration, to:
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.
send written notice of each assessment to every owner subject thereto at least
thirty days in advance of each annual assessment period; and
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.
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;
procure and maintain adequate liability and hazard insurance on property owned
by the Association;
cause all officers or employees having fiscal responsibilities to be bonded as
it may deem appropriate;
cause the Common Area to be maintained.
Protect all property rights, interests, easements or rights-of-way, or
otherwise, which are acquired by or conveyed to this Association, now or
collect costs of damages to Association property from individuals or other
set and collect reasonable penalties and fines for violations of the
Association’s rules and regulations.
collect reasonable costs for non-routine services provided to individual unit
AND THEIR DUTIES
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
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.
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.
4. Special Appointments.
The Board may elect such other officers as the affairs of the Association may
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.
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.
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.
7. Multiple Offices.
The offices of secretary and treasurer may be held by the same person.
The duties of the officers are as follows:
The president shall preside at all meetings of the Board of Directors; shall
see that orders and resolutions of the Board are carried out.
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.
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.
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
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.
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.
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.
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.
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.
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.
WITNESS WHEREOF, the Association has caused these presents to be executed as
required by law, on this, the day and year first written above.
sealed and delivered BEACH WOODS PROPERTY OWNERS
the presence of :
hereby certify that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared
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,
Public, State of Florida
of Courts Brevard County
Commission Expires: August 23, 1998
Stage 9 Documents: