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THOMMI lL LOCltEB.
Floridll Paid.II,{¥;! 01'11n&eCou11lf 24'17l.SSORMOe: co. PL.
ft
02,17,29PA 11,10,8'
Doc Ta,r. $
h\:r!:i =
Rec Fee • -_::::~-~~~-~
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Comp1rollf~ ",,,/
By~
m.4Q- Depu\1, ON(WATBR BSTA'l'BS
o~3 8 2 7 PG2 I 27
DBCLARA'l'ION
01!' COVBNANTS, CONDITIONS AND RBSTRIC'l'IONS

THIS DECLARATION, 111Ade as of the date hereinafter set forth

by THE ROLLS GROUP, a Florida General Partnership, hereinafter
referred to as "Declarant".
WITNIESSB'l'H:

WHEREAS, Declarant is the owner of certain property in the

county of orange, state of Florida, which ia more particularly
described in Exhibit "A" attached hereto;
NOW, 'l'HBREFORB, Declarant hereby declares that all of the
properties described above shall be held, sold and conveyed
subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the va1ue and
des.b:ability of, and which shall run with, the real property and
be binding on all parties having any right, title, or interest in
the described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each
owner thereof.
AR'l'ICLE I
DEFINITIONS
section !• "Homeowners' Association" shall mean and rarer
tc OAKWA'l'BR ESTATES HOMBOWNBRS' ASSOCIATION, INC., a non-profit
corporation organized under the laws of the State of Florida, its
successors and ausigns.
section 1., "OWner" shall mean and refer to the record
8 owners, whether one or more persons or entities, of a fee simple
~
s title to any Lot which is part of the Propertiea, including
contract sellers, but excluding those having such interest merely
aa security for the performance of an obligation.
Section 1.• "Properties" shall mean and refer to that cer-
tain real property described on the plat or plats of OAKWATER
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BSTA'l'BS and on Exhibit ttA" attached hereto. CR3 8 2 7 FG2 I 2 8

section J.. "Common Area" shall mean all real property
( includJ.ng the i.mprovementa thereto) owned by the Homeowners
Aaaociaiton for the collllllon uae and enjoyment of owners. 'l'he
common Areas aha1l. be designated. on the plat of th: properties as
des1.gnated. tracts.
section .a• "Lot" shall mean and refer to any plot of land
shown upon any recorded aul>divis1.on map or pl.at of the Properties
with the exception of the common Areas.
Seoticn §.. "Designated Tract" shall mean the area desica-
nated on the pl.at of the ~roperties as Tract A (or if more than
one such area, then designated as Tract A. Tract B, etc.).
section 2· "Deolarant" shall. mean and refer to THE ROLLS
GROUP, a Florida General Partnership, and also its aucoeaaora and
assiqns if such aucceaaor or aaaion should acquire more than one
undeveloped Lot from the Deolarant for the purpose of devel.op-
ment.
ARTICLE II
PROPERTY
R:rGBTs
section !.• common
Properties. The Declarant l>Y the recor-
dation of various plats of the Real Property and by the dedica-
tions contained in such plats shall be deemed to have conveyed to
the Homeowners' Association the Common Properties dedicated to
the Homeowners ' Association as set forth on such plats. The
Developer and the Homeowners' Allaooiation hereby covenant for
themselves, their successors and assigns that aaid Common Proper-
ties shall be subject to and bound by the terms of this
Declaration and EXhil>its hereto. 'l'he usea and enjoyment of the
Common Properties •hall be sub1eot to •uch rule• and requl.ationa
relatinca thereto as are adopted or amended by the Homeowners'
Aaaoa.ia tion.

section .a.:. OWner•a Basements 2f. BnipYment. Every owner

shall have a non-exclusive riqht and easement of enjoyment in and
to the common Area and in and to the Designated Tract(a) which

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shall be appurtenant to and shall pass wl th the t1Qli.i &,7~~yf 29
Lot subject to the followin9 proviaions1
Ca) the r iqht of the Homeowners' Association to charge
reasonable admission and other fees :for the use of any racre-
ational facility situated. upon the c0111111on
Area,
(b) the right of the Homeownera• Aaaooiation to suspend the
votinq riqhts and right to use of the recreational facilitiaa by
an owner for any period during whioh any •••••sment against his
Lot remains unpaid, and for a period not to exceed sixty (60)
days for any infraction of its publiahed rules and regulations.
(c) the ri;ht of the Homeowners' Asaociation to dedicate or
transfer au or a11y part of the Connon Area to any pUblic aqanay,
authority or ut~litiy tor auch purposes and aubject to such
condi tiona as may be agreed to by tha members. No such dedica-
tion or transfer shall be effective wil••• an inatr'Wl\ent aigned
by two-thirds ( 2/3 > of each olaaa of members agreeing to such
dedication or transfer has been recorded.
Section A• owner'• YU gt IQli.. Any OWner may delegate, in
" accordance with the Bylaws, his ric;ht or enjoyment to the Common
Area and facilities to the members of hia fam11y, his tenants, or
contract purchasers who reside on the Property.
AR'?ICLB III

MEMBDSHJ:P Mm VOTING 1,ms m 1'Hlli ASSOCIA'l':CON

section l.· Every owner of a Lot which is subject to aasess-
ment sha11 be a member of the Homeowners• Aaaociation. Member-
ship shall be appurtenant to and may not be separated from owner-
ship of any Lot which ia subject to assessment.
Section 1.• 'l'he Homeowners' Aaaoc:iation ahall have two
classes of voting member■hip1

Cl~• A. Claaa A members shall be all owners,

wit the exception of the I>aclarant, and shall be entl tled
to one vote £or each Lot owner. When more than one peraon
holds an interest in any Lot, all such persona shall be
members. The vote for suah Lot shall be exercilled aa they
among themae1vea determine, but in no event shall more than
one vote be cast with respect to any Lot.

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 ~R3 8 2 7 ?G2 I 30

~ I,. The Class B members

be the Declarant ■hall
iiicr'i'hall be entitled to three
(3) vote• for each Lot
owned. The C1asa B membership shall ceaae and be
converted to Claaa A mamberabip on the happeninq of
either of the following events, whiohever occurs
earlier:
(a) When the total vote• outstanding J.n the
Class A membership equa1 the total votes
out■ tanding in the Claa ■ B membership, or
(b) on January 1, 1990.

ARTICLE IV
COVENANT
!'OR MAINDNANCE
A§§BSSMENT§
section 1,. creation ~ li!!!!. W,sm AD4Personal Obligation
2' A•••••menta.
The Declarant, for each Lot owned within the
Properties, hereby covenants, and each OWner of any Lot by accep-
tance of a deed thereof, whether or not it shall. be so exPreaaed
in S'.1Ch deed, is deemed to covenant and agree to pay to the
Homeowners• A■ aociation: (1) annual assesaments or charges, and
(2) special assessment■ for capital improvements, such assess-
ments to 'be established .::nd collected as hereinafter provided.
The annual and special asaeaaments, together with intaraat, costs
and reaaonabl.e attorneys• fees, shall be a charge on the land and
shall be a continu.tn9 lien upon the property against which each
such as ■e ■ ament ia made, provided, however, no such aase ■ ament

shall be a lien on the land. until such lien 1s recorded in the

public records of Orange County, Florida. Each such assessment,
together with interest, costs and reasonable attorneys• fees,
shall also be the personal obligation for delinquent assessments
shall not pass to his successors in title unless expressly
assumed by them.
sect1.on .i_. Purpose 2', A•••••rnepts. The aaaes■ments levied
by the Homeowners' Association shall be used exclusively, except
as hereinafter provided in Section 11, to promote the recreation,
health, safety and welfare of the residents in the properties and
for the improvement and maintenance of the Common Areas and
designated tracts.

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section ,!. Aaaeaament Allocation. Aaaeaamenta ahal.l :be

levied as to each Lot on the basis of the class of member ■hip as

hereinafter set forth. The asseaa111ent for the Class B membership
for any vacant Lot or any Lot superimpoaed with an unoccupied,
unsold living unit structure shall be twenty-five percent (25\)
of the annual assessment for a Class A member.
section ,t. maxi.mumAnnual M•11pment. Until January 1,
1988 the maximum annual assessment by the Homeowners Association
for each Lot shall be Sixty Dollars ($60.00) per lot. From and
after January 1, 1988, the maximum annual aaaeaament of the
Homeowners' Aaaociation may be increaaed each year not more than
fiva percent (51) above the maximum assessment for the previous
year without a vote of the membership. The maximum annual
assessment may be increased above five percent (51) by a vote of
two-thirds (2/3) of the class A members who are voting in person
or by proxy, at a meeting of the Homeowners As•ociation duly
called for this purpose. Th• Board of Directors may fix the
annual assessments at an amount not to exceed the maximum.
section a,. Specil• lt,!1ea1ments
for Capital Improvements.
In addition to the annua1 asaeaaraents authorized above, the
Homeownera' Association may levy, in any assessment year, a
special asaeasment applicable to that year only for the purpose
of defraying, in whole or in part, the costs of any construction,
reconstruction, repair or replacement of a capital improvement
upon the Common Area, including fixtures and personal property
related thereto, provided that any such assessment shall have
been approved by two-thirds (2/3) of each class of memJ:,ers who
are voting in person or by proxy at a Homeowners' Association
meeting duly called for this purpose.
saction §.. Notice ~ ouorwn
!e.£ ~ Action Authori&e4
Und9rSection!!, and 2.• Written notice of any meeting called for
the purpose of taking any action authorized under section 4 or 5
shall be sent to all members of the Homeowners' Aasociation not

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less than thirty (30) days nor more than sixty (60) days in
advance of the meetino. At the first auch meeting called, the
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presence of members, or of proxies of each claaa entitled to caat
sixty
stitue
meetin9
the
percent
a quorum.

required
ma.y be called
(60,)

quorum
I:f the
of all

subject
at
the
reczu,.ired

the
to
subsequent
votes

the
of each
quorum ia not present,
same notjce
meeting
cl•••

ahall
requirement,
be
shall
another

one-half
oon-

and
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(1/2) of the required quorum at the preceding meeting. No such

sul>aequent meeting shall be held more than sixty ( 60) days
following the preceding maetin9.
section '1..· uniform Mli!!, ~ As•••-nt. Both •nnual and
special assessments must be fixed at a uniform rate for a11 Lot■

within each class of membership and may be collected on a

monthly, quarterly, or annual basis.
Section .§.. ~ 2' Commenceaaent ~ Annual AllaeasmentsI 12W!.
Date. The annual assessments provided for herein as to the
Homeowners' Association sha11 commence as to all Lots on the
firat day of the month following the conveyance to the Homeowners'
Association of the Conunon Area. 'l'he first annual •••••ament
shall be adjusted accordinq to che number of months ramaininq in
the calendar year. The Board of Directors of the Homeowners•
Association shall fix the amount of the annual ••••••~•nt against
each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall
be sent to eva.ry owner subject thereto. The due dates shall be
established by the Board of Dire,ctora of the Homeowners' Aasocia-
tion. The Homeowners• Association shall, upon demand, and for a
reasonable charqe, furnish a certificate signed by an officer of
that association settinci forth whether the aaae ■ aments on a
specific Lot have been paid. A properly executed Certificate of
the Homeowners' Association aa to the statutes of aasesaments on a
Lot is bindinq upon that Association as of the data of its
issuance.
Section!_. i,Uss,t 2f. Nonpayment gf AsSe!fmepts I Remedies

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of the Homeowner•' A••ociation. Any assessment not paid within

thirty (30) days after the due date shall bear interest from the
due date at the hiqheat rate permitted by Florida law. The
Homeowners ' Aaaociation may br~ an action at law agai.nat the
owner personally obligated to pay the same, or foreclose the lien
against the property. No OWner may waive or otherwise escape
liability for the a ■ aea■ment• provided for herein by non-use of
the common Area of tile Designated Tract, as the caae may be. or
abandonment of his Lot. In any action to enforce any asaeaament
made hereunder, the prevailing party shall be entitled to a
reasonable attorney's fee, inoludinq attorneys' fee• for
appellate proceedings.
section ll• subordination2f. the ~ S2 M9(~Sll991 • The
Lien of the assessments provided for herein shall be sul)ordinate
to the lien of any f !rat mortga9e. Sale or transfer of any Lot
shall not affect the assessment lien. However, the aa1e or
transfer of any Lot purauant to mortgaqe foreclosure or any
proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments wh~ch became due prior to auch sale or
transfer. No aale or transfer shall relieve auoh Lot frcm
liability for any asaea11111ents thereafter becoming due or from the
lien thereof.
Section ll.· ~ and EJtt.erior Maintf'Qfpne. In the event an
owner of any Lot in the Properties shall fail to maintain his Lot
and the improvements situated thereon in a manner satisfactory to
the Board of Directors, the Homeowners' A■ aociation, after
approval by two•thi.rda (2/3) vote of the Board of Directors and
thirty ( 30) days written notice to the owner, shall have the
.i::ighL, Lh.1.uu1,11& i.L&; a9ents and employeaa, to enter upon G~id

parcel and to repair, clear, trim, maintain, and restore the Lot
and the exterior of the buildings and any other improvements
erected thereon. The ooat of such exterior maintenance sha11 be
added to and become part of the assessment to which such Lot is

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subject, which shall be due anc1 payal>le thirty (30) days from the
date said aaae■ ament ia made.
ARTICLE V
ARCH;t~ cotmlQL
No building, fence, wall, or other •tructure shall be
commenced, erected or maintained upon the Properties, nor &hall
any exterior addition to or change or alteration therein be made
until the plans and specifications showing the nature, kind,
shape, height, materials, and location o:f the •ame shall have
:been submitted to and approved in writing aa to harmony of
external design and location in relation to surrounding
structures and topoqraphy by the Board of Directors of the
Homeowners' Association, or by an architectural control comm.1.t:tee
composed of three ( l > or more representatives appointed by the
Board. In the event said Board, or its designated committee,
fails to approve or disapprove such design and location within
thrity (30) days after aaid plans and. specifications have been
submitted to it, approval will not be required and this Articl.e
will. be deemed to have been fully complied with.
ARTICLE VI
GENERAL gsmms;,u .:.YH Mm OCCUPANCY

Section .!• General lrohibition • No dwelling, dwel.ling

house, garage, outbuilding, structure or appurtenance of any
kind, incl.uding additions or substantial altarationa thereto,
shall be erected, pl.aced or maintained on the Propertie■ or any
portion thereof that does not conform to the standards,
requirement&, prohibitions and provisions of this Declaration,
and all auoh construction shall be performed, completed, erected,
pl.aced and maintained only in accordance with the plana and
specifications required herein as approved by the Board.
section _l. 0nlY Refidential PUrpoaes. No Lot shall be uaad
in whole or in part for anything other than residential purposes,
except for model residential dwelling units which may be
maintained by the builder or developer only for purposes of the

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sale of residential dwe~lings within the Properties. Other than
.
~ ..- conductin~ the ■ale of residential dwelling■ , no trade, traffic
t. or bu■ ineaa of any kind, whether profeaaional, commercial,
industrial or manufacturing or other non-residential uae ■hall be
engaged in or carried on upon the Properties, or any part
thereof, nor shall anythin; be done thereon which may be or wh~ch
may become an annoyance or a nuisance to the Properties or
adjacent properties.
Section 1• Sinale-Fam.ilY Residential Use. No residential
dwelling having a living area of leas than 2000 square feet,
under heating and air conditioning, shall be constructed on any
lot. No building or structure shall be erected, altered, placed
or permitted to remain on any Lot other than one (1) s1ng1e-
family reaidentiai dwelling and appurtenant outbuildings or
strucure• as may be suitable and necessary for the purposes for
which said Lot is permitted to be used.
section .L.. Additiopal Covenants Pertaining 3:2 Water rroat
Lota. No boat house or any other similar structure shall be
constructed on any lot nor extend from the ahoreline into the
lake. No boat landinc.i, dock, pier, piling, or other water front
structures shall be constructed to extend from the shoreline into
the lake unles• and until plans and apeoifications thereof •hall
have been approved in writing by the Board of Directors of the
Homeowners' Association or architectural control committee. No
boat canal or other waterways shall be dug or excavated into any
of the water front lots. No lot or parcel shall be increased in
size by filling in the waters on which it abuts. No sea wall
shall be erected or constructed unless and until its location,
dc~ign, materials, structur.e, s~r~ng~h, ate., ■ hall have been
approved in writing by the declarant and bY the orange County
Enviromental Department, and all other c;rovernment regulatory
agencies With authority.

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section .!:_ Laka■hor• Prot~ction a,cru1ati0ns. All. water
front lot owners shall acmply with the provisions of Lakaahore
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~- Protection Regulations, oranqe county ordinance No. 83-25 , as
may be amended from ti.me to time, prior to clearing, re-~ ..
establishing, alteri.ng, or trimnin9 shoreline vegetation, or
performing such other acts•• may be governed by the Lakaahore
Protection ReCJUlations, and obtain such permits as may be
required by such Lakeahore Protection Ret,JUlationa prior to
engaging in such activities governed thereby.
section §.. Subdiyiaion. No Lot shall be aubdi. vided or
split by any means whatsoever into any greater number of
residential plots nor into any residential plot or plots of
smaller size without the express written consent of the
Homeowners' Associati.on's Board of Directors.
section 1· oooupanoyBefore completion. No building or
structure upon the Properties shall be occupied. until the same is
approved for occupancy by such governmental aqency which is
responsible for regulation of building construction and until it
complies with the terms and provisions of these covenants. No
building or structure shall. be occupied until all exterior
landacapinq has been completed.
section Maintenance and Repa1[. All. dwell.inc;a,
structures, buildings, outbui1dings, walls, driveways and fences
placed or maintained on the Properties or any portion thereof
shall at all times be maintained in good condition and repair.
Section i.• Completion 2' Construction. All exterior
construction and paint and stain finishing for which plans and
specifications are required herein to be suhmi.tted to the
HnmtanwnerR' Association'• Board of Director• for approval shall be
completed within six ( 6) month• from the date of approval for
said approval to remain in force and effect, 1,ll\lesa said Soard
shall grant a greater period of time to complete said construe•
tion or shall grant an extension of said six-month period.
Section 10. !!2 Temporarv 1u11d19511. No tent, shack,

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trailer, house trailer, basement, garacae, or other outbuilding•

shall at any t.ilne be used on any Lot as a residence temporarily or
permanently and no building or dwelling of a temporary character
shall be permitted, e2ccept as followaa Buildings necessary for
construction or sales taking place on the Properties and not
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intended to be used for l.iving accommodations may be erected and
maintained on the property only during the course of construction
and sales.
Section ll• Ground Maintenance.
(a) Grass, hedges, ahrul>a, vines and mass plantings of any
type on each Lot shall. be kept trimmad and shall at regular
intervals be mowed, trimmed and cut so as to maintain the same in
a neat and attractive manner. Trees, shrubs, vines and plants
Which die shall be promptly removed and replaced.
(b) No weeds, vegetation, rubbish, debris, garbage,
objects, waste, materials, or materials of any kind whataoever
shall be pl.aced or permitted to accumulate upon any portion of a
Lot which would render it unsanitary, unsightly, offensive, or
detrimental to the Properties in the vicini.ty thereof or to the
occupants of any such property in such vicinity.
(c) No buildi.ng material of any kind or charaater shall be
placed or stored upon any Lot so aa to be open to view J:>y the
public or neiqhbors, unless such material will be used and ia
used within three ( 3 ) months after the construction of buildin9s
or structures upon the Lot on which the material is store:1.
section ll• Fences r Walls, Hedgesc MassflAQt.inq Q.t AllY

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(a) No fence, wall, hedge, or maas plantin9 of any type
exceedinc;z a height of six ( 6) feet above the finished graded
surface of the ground upon which it 1s located, shall be

constructed, planted, placed or maintained upon any Lot without

the written consent and approval of the Homeowners' Association 1
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Board of Directors.

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 (b) No hedqe or mass plant.in9 of any type exc~1fAf 7 ttR-~ 3 8
( 3) feet above the fini ■hed 9raded surface of the ground upon
which it i.a located shall be conatructed, planted, placed or
maintained. between the •tr .. t and the front set1'ack line of any
Lot without the written consent and approval of the Homeowner•'
Association•• Board of Directors.
Section ll• Animals. Bird■ §a l:Sml· No ani.mala, livestock
or poultry of any kind shall be raised., bred or kept on any Lot,
except that a reasonable number of do9■, cat■ or other household
pets may be kept provided that they are not kept, bred or
maintained for any commercial purposes. In the event of dispute
as to the reaaonability of the nural>er of such cats, doca• or
household pets kept upon the Properties, the decision and opinion
of the Homeowners• Allsociation•a Board of Directors shall control.
Section li- Laundrv. No clothes, sheet ■, blankets or other
articles shall be hung out to dry in the side or front yards of
any Lot except in a eervice yard or yard enclosed by a lattice.
fence, wall or other scraenin~ device.
section ll• Exteriq;g::Light Fixtures. No exterior lighting
fixturea shall be installed on any Lot or residential dwelling
without adequate and. proper shielding of the fixture. No
ligbtinc; fixture ■hall. be installed that may become an annoyance
or a nuisance to the residents of adjacent properties.
section li• Motor Veh.ioles. Boats m Boat Trailers.
No motor vehicles of any type or nature, trailers, recreation
vehicles, campers, vans, commercial vehicles, boats, or boat
trailers may be parked upon any swale area within the Real
Properties, except commercial. vehicles and tbe like may be parked
Driefly for delivery rur:rn~~Aonly. No trucks, commercial
vehicles, recreational vehicl.es, campers, van•, boats, or boat
trailers may be parked in any driveway or upon any Lot or .in any
carport, if applicable, provided, however, that ■ ame may be kept
in a garage upon a.Lot, if auch truck, recreational vehicle;
commercial vehicle, trailer, boat, beat trailer, camper, or van

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fits in said 9ara9e and suah garage contains a full garage door
and such gara99 door is kept closed. No repair work to any type
of motor vehicle or ])oat or boat tra1J.•r ahall be conducted on
any Lot other than very minor repair■•

Seotiog ll• UtJ.litv ~ Pi1,a•u Basements. Baaements for

installation and maintenance of utilities and drainaqa facilities
are shown on the plat. or are of record, and the same are
reserved ror such use. Within these easements, or on any Lot, no
structure, planting. or other material. abal.l. be placed or
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permitted to remain which may dama9e or interfere with the
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inetallat.ion and maintenance of utilities, or which may chan9e I

the direction of flow of drainage in the easements.

Sectign ll• Bxcavations. No excavations for atone, gravel,
and dirt or earth shall be made on any portion of the Properties, ',j

except for the construction of dwell.inga, wall.a, foundations, 'i

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structures and other appurtenancea, p1ans and specifications for l
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which excavationa have :been approved by the Homeowner• ' ·j
Association's Board of D.irectors. Excavations may be made for
swimming pools and 1andacapinq without said Board approval,
subject to this Declaration of Covenants.
section !!.• Signs. Except as otherwise permitted by the
Homeowners' Association• s Board of Directors, no sign of any
chara.cter shall be d.iaplayed or placed upon any Lot or living
unit except "for rent" or "for sale" signs, which signs may refer
only to the particular premises on which displayed, shall not
exceed six ( 6) square feet in size, shall not extend more than
four (4) feet above the ground, and shall be limited to one (1)
..
sign per Lot or living unit.
Secti.on i.Q.. Refuse. No trash, garbage, rubbish, debris,
waate materials or other refuse shall. be deposited or allowed
to acoumu1ate or remain on any Lot. Unless otherwise approved by :I
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the Homeowners' Association's Board of Directors, liqhtweight
containers we~ghing not more than twenty-five pounds (25 lba. J

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OR3 8 2 7 PG2 I 40
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are permitted for tra■h, garbage, rUhbish, debris, waste material
or other refuae. Said containers must be tied or cl.osed at all
times and kept from view by the public or residents within the
viairuty. Said containers aha1l. not be placed at atreet•i.da for
removal of refuse prior to the eveninCJ before the annou.nced
pickup ti.me. Said conta~ner■ muat be returned to the utility
yard or enclosure within e~qht (8) houra after announced pickup
time.
Section ll• Nµisancaa. No obnoxious or offensive trade or
activity sbal.l be permitted on any Lot, nor shall anything be
done thereon which rnay be or may becorns an annoyance or nuisance
.,
to the neighborhood.
Sec~ion ll.· Preaervati.on BD.slNaintepanca 2' Slopes, BanJta
and Swales. No person shall reaonatru~t, damage or deatroy, .~

open, reduce, remove, alter, modify or install. anything or .j

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improvement within, over or upon any bank, slope or swale without
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first obtaining written approval from the Homeowners' A■■ocia•

tion•s Board of Directors. No construction or excavation in the

proximity of any canal, bank, al.ope or awale, shall be permitted.
which, in the opiiuon of the Board of Diraotora, would impair the
stability of the slopes in ea.id area.
section il• Wells. No water wells shall be dug on any Lot
or on the Properties except for purposes of irrigation of
landscaping. ._I

Section li• Q2sm Burning.

(a) Open l:>urnino of wooden materials or vecaetation
generated by a land clearing operation or the demolition of a I
structure is allowed if said open buriunq takes place fifty (SOJ ,.,
! :II
,·.
y,•u•t1A or more from any occup~cd build.inc; or publi.:> h.1vhw•'Y emd ia !

performed between 9100 a.m. and one (1) hour before sunset, or at
other times when the approval of the oranoe County Pollution
Control Board or aucaeaaor orvaniza.tiona haa been received.
Cb) Open burning to reduce solid waste on occupied
residential premises is not permitted.

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OR3 8 2 7 PG2 I 4 .f
secti9n ll• Sw1npJlingPools. swimming pools may be

con•tructed on any Lot provided that aoceaa to them from out81de

the Lot i■ controlled from all directions by fencing and the
residential. structure, If pools are protacited by acreena, such
screens and their structures shall be approved by the Board.
Section ll,. Prueryat;ion9f. Bx.iatinq 'rraea. No existing
tree greater than six ( 6) inches caliper, measured four and one-
half (4-1/2) feet above the ground., ab.all be removed from any Lot
for any rea■on exoept di••••• or unless said tree directly
interfere• with the erecting or placiing of the living unit or
swimming pool on ■aid Lot.
Section .ll,. Qb1truct1on~ sight Li.nes. No fenoe, wall,
hedge or shrub planting which o~struc:ta aight line■ at elevations
between two and six feet above the roadways •hall be placed or
permitted to remain on any corner lot within the trianqular area
formed by the street property U.nes and line connecting them at
points twenty-five (25) feet from the intersection of the street
lines, or in the case of a rounded property corner from the
intersection of the street property lines extended. The same
sight lines limitaticn■ ■hall apply on any lot within ten ( 10)
feet from the intersection of a street property line with the
edqe of a driveway pavement. No tree shall be permitted to
L :
remain within auch distance of such intersection unl••• the
foliage lJ.ne is maintained at sufficient height to prevent
obstruction of such sight lines.
section ll• ~~Inspect. The Homeowners' Association's
Board of Directors may at any reasonable time or times during
l
periods of construction or alteration and within thirty <30) days l, '
thereafter enter upon and inspect any Lot and any improvements I
thereon for the purpose of ascertaining whether the maintenance I
I

of such Lot and the maintenance, construction or alteration of

structures thereon are in cOMPliance with the proviaiona hereof,
and neither said Board nor any of it• agents shall be deemed to

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 OR3 8 2 7 PG2 I fe.
2
have cormni tted a trespass or other wrongful act by reason of such ,,
entry or inspection.

section .i.!.:. Setback Restrictions. fl

·1~
(a) On water front lots, no bu.ilding ahall be erected on·-·· - ,,i.
•
any part thereof nearer to the normal high water mark than fifty
(SO> feet, nor nearer to the rear 11ne, which is the line fi
abutting the street, than thirty fi.ve (35) feet, nor nearer than !

ten ( 10) feet or ten ( 10) percent of the width of the lot at the
rear line, whichever ia greater to any interior aide lot line.
However, screened swimming pool enol.osuree may be erected to
within fifteen (15) feet of the normal high water mark or to the
indicated easement line, whichever i.s the most restrictive. Such
swimminQ' pool encJ.osurea may not be erected unlesa and until
their location, desion, etc., have been approved k,y the
Homeowners • Association• • Bo1u.d of Directors. For the purpoae of
thi• covenant, eaves and steps aha11 not be considered as a part
of the building, provided, however, that this shall not be
construed to permit any portion of a building on a lot to
encroach upon another lot. on al1 lots other than water front
lots, no buildinc;i- shall be erected on any of said lots nearer
than thirty-f.ive ( 35) feet to the front lot lines of said lots,
nor nearer than ten ( 10) feet, or ten ( 1 O) percent of the width
of the lot at the front line, whichever is greater, to any
interior side lot line, nor nearer than thirty-five (35) feet to
the rear lot lines of said lots, except that on corner l.ots no
structure shall be permitted nearer than thirty (30) to the front
lot line of said corner lot, nor nearer than thirty-five (35)
feet to the rear lot line, nor nearer than fifteen (15) feet to
the side fltreet 11.ne. However, screened swimming pool enclosures
may be erected to within fifteen (15) feet of the rear lot line.
Such swimming pool encl.osure may not be erected unless and until
their location, design, etc. , have been approved by the

Homeowners' Aaaoci.ation' a Board of Directors. For the purpose of

thi.a Aqreement • eaves and steps aha1l not be oona1dered a part of

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OR3 8 2 7 PG2 I 43 '
,,
,,
•'

a building,
to permit
another lot.
any portion
provided, however,
of a building
that this
on a lot
shall
to
not be construed
encroach upon I
section 12.i.. Rights 2' pe91arant, Notwithstanding any
provisions in this Declaration of covenants and aeatrictions to
the contrary, the Declarant ahall have the right with J;'eapect to
the development of th• Properties to construct buildings and
units and other improvements, including landscaping on the
properties. 'l'he construction of buildings, units and
improvements shall l>e of such type, nature, dea.1.gn, size, ahapa,
height, materials, and location, including the 1and.acaping, wh~ch
term shall be defined in its broadest sense as including the
oraas, hedges, vines, trees and the like, as Deal.arant determine•
in its sole discretion without obtaining consent and approval of
the Board of Directors or its members, provided, however, th& t

same complies with the applicable build1n9 codea and zoning laws
of oranqe county, Florida, in force at that time. The Declarant
shall be entitled to place on a Lot or Lots or Tract(s) temporary
construction or sales trailers or other temporary facilities that
may be required by the Deo1arant during the construction and sa1e
of Units and other improvements.
ARTICLE vn:
cagmw. PROVIs:cONs
Section 1• Enforcement. The Homeowners' Association or any
owner shall have the right to enfot-ce, by any proceeding at law
or in equity, all restrictions, conditions, covenants,
z;eservations, liens and charqes now or hereafter imposed by the
provisions of this Declaration. Fa.ilure by the Homeowners•
Asaooiation or by any owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver
of the right to do so thereafter. In any action for enforcement
brought hereunder, the prevailing party shall be entitled to a
reaaonab1e attorneys' fee includinq attorneys' fees through

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 OR3 8 2 7 PG2 I t.4
appellate proceedings.
Section!• seyerability. Invalidation of any one of thaae
covenants or restrictions by jud1J1118ntor court order ahall in
no way affect any other proviaiona which ehall remain in full
force and effect.
section J.. Amendment. The covenants and Reatricti.on■ of
this Declaration shal.l run with and bind the land, for a term of
twenty ( 20) yea.rs from the date thia Declaration ia recorded,
after which time they shall be automatically extended for
succeaaive periods of ten (10) years. Thia Declaration may be
amended duzing the first twenty ( 20) year period by an instrument
signed by not leas than ninety percent ( 901 J of the Lot owner■,

and thereafter by an instrument signed by not lass than seventy-

five percent (751) of the Lot owners. Notwithatandi.nq the
foregoing, this Declaration may be amended prior to January 1,
1990 by the Declarant ao long as the Decl.arant is the owner of
at least fifty percent (SOI) of the Lota.
section ~- Encroachments. In the event that any
residential dwelling ahal.l encroach upon any of the Common AJ:'ea,
Designated Tract or upon any other Lot for any reason other than
the intentional or ne9li9ent act of the OWnar, or in the event
any commonArea or Designated Tract shall encroach upon any Lot,
than an easement shall exist to the extent of that encroachment
for so long as the encroachment shall. exist.
IN WI'l'NBSS WHBRBOF, the underai.qned, beinq the Deelarant
herein, has caused these present• to be executed in i.ta name by
it~d
__
y
....,....,......,
____ , 19eL.
authorized partner, as of the /S!j day of

19"
Si9ned,
~n the presence
sealed and delivered
of: Gener;Ju.ahJ.p
THE ROLLS GROUP, a Florida

By•~.
nera Tartnef
/4
"DBCLARAN'l'"

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 DR3 8 2 7 PG2 I 45

S'l'ATE 01' l'LORIDA

COUN'l'Y OP 0BANOB

This document prepared by:

Richard E. Dunegan, Esq.
128 E. Livingston Street
Orlando, Florida 32801

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EXHIBIT "A".

OR3 8 2 7 PG2 I 4 6

Ttwlt part of Sections 2 and 3, Town1hlp 21 South, l\anga 28 East,

Orange Caunty, florlcla, daacrlbad •• fol ICM&:
Oeglnnln9 •t the Northeast corner of LOt 6, CAIIELOT, according to
the plat thereof e1 racprcled In Plat Book 1, Paga 116, Publlc
Records of Orange County, Florlda, uld point also being the
Northwest corner of the £est 1/1 of the Nort~t 1/ .. of the
Southeast I/It of said Section 3, run North 00 OJ' 15" East 656.08
feet along the Vest llne of the Southeast 1/lt of the Southwest
I/~ of the Northeaat I/It of said Section J; thence run South
89 51 • 1011 East 1988. 19 feet along the North Hne of the South 1/2
of the Southeast 1/l of the Northeast I/It of said Section J;
thence run North 89 35 1 00'' East 303,'9 feet along the North I lne
of the South 1/2 of the Southlilest ,,,. of the Northwest I/It of
Hid Section z, th~ce run South 36 59 100" Ean 212.93 feet;
th3nce run South tit 55 1 00' 1 East 261t.06 feet; thence run South
ltg ltl'OO'' We•t 18986 .. 5 f"t; thence run due West 598.86 feet;
thgnce run North 00 28' llt 11 East 200.00 feet; t~c• run North
26 11 •1t7••Welt 891.23 feet; thence run North 89 ltO' 15" W.at
50.00 feet along the South I lne of the NortheHt ,,._ of said
Section l to the Point of a.ginning.

SIIBR 1 1151119
MW '

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