REVITALIZED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS REVITALIZED DECLARATION of covenants, conditions and restrictions is made effective this ______ day of ______________, 20____, by LONGWOOD HOMEOWNSERS ASSOCIATION, INC., a Florida not-for-profit Corporation, hereinafter referred to as the “DECLARANTS.”
A. Security Treasure Coast Service Corporation and Marhall, Inc., the original Developers heretofore recorded covenants and restrictions as follows:
i. Said Declarants of Covenants, Conditions and Restrictions were originally recorded on July 15, 1981 in Brevard County Public Records, Brevard County Florida in Official Records Book 2313, Page 1644 and re-recorded November 18, 1981 in Official Records Book 2337, Page 1953 to include Exhibit “A”; and
ii. The Easement of property was conveyed to the Longwood Homeowners Association, Inc. for perpetual right and easement for the purpose of repairing maintaining and reconstructing a privacy fence as recorded on November 18, 1981 in Brevard County Public Records, Brevard County Florida in Official Records Book 2337, Page 1963; and
iii. The Warranty Deed for Lot 78, Longwood, Phase I as described in Schedule “A” of Deed recorded on November 18, 1981 in Brevard County Public Records, Brevard County, Florida in Official Records Book 2337, Page 1968; and
iv. The aforesaid Declarants of Covenants, Conditions and Restrictions were amended and recorded on December 1, 1981 in Official Records Book 2339, Page 790, in Brevard County Public Records, Brevard County, Florida; and
v. Longwood Phase II was annexed into the original Declaration of Covenants, Conditions and Restrictions and recorded on December 15, 1982 in Official Records Book 2401, Page 0201, in Brevard County Public Records, Brevard County, Florida.
vi. Longwood Phase III was annexed into the original Declaration of Covenants, Conditions and Restrictions and recorded on October 17, 1984 in Official Records Book 2549, Page 1275, in Brevard County Public Records, Brevard County, Florida; and this annexation was duplicated and recorded a second time on February 12, 1985 in Official Records Book 2576, Page 1584, in Brevard County Public Records, Brevard County, Florida; and
vii. A quit Claim Deed was recorded on May 2, 1985 in Official Records Book 2596 Page 2714, in Brevard County Public Records, Brevard County, Florida to convey additional waterway property to the Longwood Homeowners Association; and
B. The Longwood Homeowners Association, Inc. was given the authority to enforce the following Declaration of Covenants, Conditions and Restrictions (hereinafter the “Revitalized Declarations”) which pertain to the following properties (hereinafter “Property”):
Longwood, Phase I, as recorded in Plat Book 28, Pages 27 and 28, inclusive, Public Records of Brevard County, Florida; and
Longwood, Phase II, as recorded in Plat Book 29, Pages 48, inclusive, Public Records of Brevard County, Florida; and
Longwood, Phase III, as recorded in Plat Book 31, Page 11, inclusive, Public Records of Brevard County, Florida; and
C. All of the land included in said plats and the undersigned parties hereto do hereby place upon said land the following covenants and restrictions, to run with the title to said land, and the grantee of any deed conveying any Lot or Lots, parcels or tracts shown on said plat or any other parts or portions thereof shall be deemed by acceptance of such deed to have agreed to all such covenants and restrictions, and to have covenanted to observe, comply with, and be bound by all such covenants and restriction. Wherever Lots or parcels are referred to herein, same shall include Lots and parcels as same may have been replatted.
D. The covenants and restrictions contained in the Previous Declaration expired pursuant to Chapter 712 of the Florida Statutes, also known as the Marketable Record Title Act.
E. Florida Statute 720, Part III, Covenant Revitalization allows for the revival and preservation of the Declaration of Covenants, Conditions and Restrictions when such Declarants have expired due to no filing for record within thirty (30) years immediately following the effective date of original recording under Florida Statute 712.05(1).
F. The DECLARANTS wish to revitalize its Declaration of Covenants, Conditions and Restrictions in accordance with F.S. 720, Part III.
G. The revitalization organizing committee for the Longwood Homeowners Association, Inc. consisted of:
Mr. Dale LeVey
2607 Chapparal Drive
Melbourne, FL 32934
Mr. James DeLaPorte
2731 Longwood Blvd
Melbourne, FL 32934
Mr. Kris Rauha
2498 Longwood Blvd
Melbourne, FL 32934
Pursuant to Section 720.403, Florida Statutes, the Longwood Homeowners Association, Inc. does hereby submit the covenants and restrictions pursuant to Section 720.403, Florida Statutes hereinafter defined as the “Revitalized Declaration”.
H. The Revitalized Declaration governs only the Lots which were originally encumbered by the Previous Declaration and does not contain covenants that are more restrictive on the parcel Owners than the covenants contained in the Previous Declaration and the Amendments thereto, except as otherwise provided by Section 720.404(3), Florida Statutes.
I. The voting interest of each parcel Owner under this Revitalized Declaration is the same as the voting interest of the parcel Owner under the Previous Declaration. The proportional assessment obligations of each parcel Owner under this Revitalized Declaration shall be the same as the proportional assessment obligations of the parcel Owner under the Previous Declaration.
NOW, THEREFORE, the Association hereby revives all terms and provisions of the Prior Declaration for the Longwood Homeowners Association, Inc. Covenants, Conditions and Restrictions, and as follows:
Section 1. “Association” shall mean and refer to Longwood Homeowners Association, Inc., its successors and assigns.
Section 2. “Owner” shall mean and refer to the record owner whether one or more persons or entities, of a fee simple title to any Lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. “Properties” shall mean and refer to that certain real property herein described, and such additions thereto as may hereafter be improved upon within the jurisdiction of the Association.
Section 4. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association is described as follows:
(1) Lot 78, Longwood, Phase I, as recorded in Plat Book 28, Page 27 of the Public Records of Brevard County, Florida; and
(2) A parcel of land lying the east one-half of Section 12, Township 27 South, Range 36 Each, Brevard County, Florida, more particularly described as follows:
Commence at the southeast corner of the north one-half of the south one-half of said Section 12 (said southeast corner also being the centerline intersection of Wickham and Lake Washington Roads); thence N00°-07’-00”E along the east line of said Section 12 a distance of 50.01 feet to the easterly extension of the north right-of-way of Lake Washington Road; thence S89°-00’-10”W along said extension and said north right-of-way a distance of 981.32 feet; thence N00°-07’-00”E a distance of 812.26 feet to the Point of Beginning of the herein described parcel; thence S89°-00’-10”W a distance of 80.02 feet; thence N00°-07’-00”E a distance of 767.58 feet; thence N89°-00’-10”E a distance of 80.02 Feet; thence S00°-07’-00”W a distance of 767.58 feet to the Point of Beginning. Said parcel containing 1.4 acres, more or less.
Section 5. “Lot” shall mean and refer to the plots of land shown upon any recorded subdivision plat or plats of Longwood subdivision with the exception of the Common Area.
Section 6. “Declarants” shall mean and refer to Longwood Homeowners Association, Inc.
Section 7. “Board of Directors” shall mean and refer the elected members of the Association as defined in the Bylaws of the Corporation.
Section 1. Owners Easement 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 the following provision:
a. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by three-fourths (3/4) of the members agreeing to such dedication or transfer has been recorded.
Section 2. Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a Lot which is subject to assessment shall be a member of this Association and every owner shall have one vote for each Lot owned. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The DECLARANTS for each Lot owned within the Properties hereby covenant and agree, as further described and detailed in Section 7 of this ARTICLE, and each owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association:
a. Annual assessments or charges.
b. Special assessments for capital improvement. Such assessments shall be fixed, established and collected from time to time as hereinafter provided.
The annual and special assessments, together with interest, costs and reasonable attorney’s fees, shall be a charge on the land, and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person, or persons who was / were the owner of such property at the time when the assessment became due. The personal obligation for delinquent assessments shall not pass to any successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties, and for the maintenance and improvements of the Common Areas; maintenance of the fences along Wickham Road and Lake Washington Road; the landscaped areas contained within the medium of Longwood Boulevard; and the entry ways at Wickham Road and Lake Washington Road. The Association shall be responsible for and pay all ad valorem taxes assessed against the Common Areas.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the recording of this Revitalized Declaration, the maximum annual assessment shall be $200.00 per Lot.
a. From and after January 1 of the year immediately following the recording of this Revitalized Declaration, the maximum annual assessment may be increased each year, not more than ten percent (10%) above the maximum assessment for the preceding year, without a vote of the membership.
b. From and after January 1 of the year immediately following the recording of this Revitalized Declaration, the maximum annual assessment may be increased more than ten percent (10%) above the maximum annual assessment for the preceding year, by a vote of three-fourths (3/4) of the members who are voting in person or by proxy at a members meeting duly called for said purpose.
c. The Board of Directors of the Association may fix the annual assessment at any amount not in excess of the maximum.
d. Section (d) was removed in its entirety.
Section 4. Special Assessments. In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment, applicable to that year only, or applicable for multiple years, as defined by the rules of the assessment, costs for the purpose of defraying in whole or in part the cost of any financial obligation of the Longwood Homeowners Association, provided that any such assessment shall require the assent of 50% plus (1) of the members voting in person or by proxy, at a members meeting duly called for said purpose.
Section 5. Notice and Quorum for Any Action Authorized Under Section 3 and 4. Written notice of any members meeting called for making any assessment shall be given to each member of the Association not less than thirty (30) nor more than sixty (60) days prior to the meeting, and notice of any such meeting shall be given by personal deliver or mailing, or by electronic means, or by public notice. Mailing by the Association to the members thereof shall be deemed notice to such members. At the first such meeting called, the presence at the meeting of members or proxies entitled to cast sixty percent (60%) of all the votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly or annual basis.
Section 7. Date of Commencement of Annual Assessments and Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area.
The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written or electronic notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors of the Association. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on any Lot shall be binding upon the Association as of the date of its issuance.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per year. The Association may bring an action at law against the owner personally obligated to pay the assessment or foreclose the lien against the property, and interest, costs and reasonable attorney’s fees of any such action shall be added to the assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect any assessment lien. However, the sale or transfer of a Lot pursuant to mortgage foreclosure, or any proceedings in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
All Lots shall be known and described as residential Lots. No Lot or Lots shall be used for any purpose other than residential use. It is the intention and purpose of this Revitalized Declaration to assure that all dwellings shall be of a quality of workmanship and material substantially the same or better than that which can be produced on the date these Revitalized Declarations are recorded. The ground floor area of the main structure and any living unit constructed on any of the residential sites covered by these Revitalized Declarations, exclusive of open porches and garages or carports, shall not be less than one thousand (1,000) square feet for such living unit.
No building shall be located on any Lot nearer to the front Lot line or nearer to the side street line than the minimum setback lines, if any, shown on the recorded plat. In any event no building shall be located on any Lot nearer than twenty-five (25) feet to the front Lot line or nearer than twenty (20) feet to any side street line. No building shall be located nearer than seven and one-half (7 ½) feet to an interior Lot line, and the sum of side yard setbacks on any one Lot shall not be less than fifteen percent (15%) of the total frontage of the Lot. No building shall be located on any interior Lot line nearer than twenty-five (25) feet to the rear Lot line. For the purpose of this Revitalized Declaration, eaves, overhangs and open porches shall not be considered as part of a building; however, this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot.
No dwelling shall be erected or placed on any Lot having a width of less than seventy-five (75) feet at the minimum setback line, nor shall any dwellings be erected or placed on any Lot having an area of less than seven thousand five hundred (7,500) square feet.
No unlicensed or non-operative motor vehicle may be parked on any Lot at any time. No commercial vehicle shall be parked on any Lot except when rendering a service or making a delivery. Special vehicles, boats and boat trailers, or campers of any type, including but not limited to, either self-propelled or towed, shall be parked off the drive to the rear of the lot and shall be screened from the street by fence or shrubs. Temporary parking of these types of vehicles in or near the front of the house is permitted strictly for the purposes of maintenance and / or use preparation for a continuous duration not to exceeded 48 hours.
No major recreational equipment shall be parked or stored on any Lot except in enclosed buildings or to the rear of the house. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on any Lot. No vehicle shall be stored or parked at any time on any front or side lawns or areas, except as previously noted.
Whether or not provision therefor is specifically stated on any conveyance of title made by the Developer, the owner of each and every Lot, by acceptance of title thereto or by taking possession thereof, covenants and agrees that no building wall, or other structure shall be placed upon said Lot unless and until one set of building plans, one set of building specifications, and one copy of the plot plan have been submitted and have been approved in writing by the Architectural Control Committee. Each such building, wall or other structure shall be placed on the premises only in accordance with the plans and specifications and plot so approved. Refusal of approval of plans and specifications by the Architectural Control Committee may be based upon any ground, including purely aesthetic grounds, which is the sole and uncontrolled discretion of the Architectural Control Committee shall be deemed sufficient. No alternation in exterior appearance, including color of the building or structures shall be made without like approval of the Architectural Control Committee. No alteration to the front porch, stairs, walkways or front yard shall be made without like approval of the Architectural Control Committee. The appearance of the house may not be changed by any means, including, but not limited to, front screen enclosure, placement of concrete or gravel in front yards, etc., without approval of the Architectural Control Committee.
No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sale period.
Nothing shall be done on any Lot which may be or become an annoyance or nuisance to the neighborhood. No cattle, swine, goats, poultry or fowl shall be kept on any Lot for commercial purposes or otherwise. Household pets shall not be bred for commercial purposes, and shall be leashed when outside.
Clotheslines shall be located to the rear of the Lot or the side away from a side street. In all instances, said clotheslines shall be screened from view of the adjoining Lots and streets.
Garbage cans, fuel oil tanks, other storage tanks, swimming pool filters, etc., shall be of the underground type or completely concealed by hedges, lattice work or screening. Garbage and trash containers are to be placed in proper area for pick up, only on day of pickup or the previous evening of day of pick up, and removed in a reasonable amount of time from pick up area after pick up service is completed.
No CB or Ham radio towers will be permitted on any Lot, or house, unless approved by the Architectural Control Committee. No building materials or supplies of any kind may be stored on any Lot unless approved and / or permitted repairs or home improvements are under way.
No tool sheds, nor storage sheds of any type are permitted on any lot, or house, unless approved by the Architectural Control Committee and constructed and equipped in accordance with the requirements, standards, and recommendations of the City of Melbourne Building Dept.
No chain link fences are permitted. Wood property fences shall be a maximum of six (6) feet high. No fencing of front yard area except decorative or landscape fencing not more than three (3) feet high or with a minimum of two (2) feet between horizontal rails shall be permitted. No boundary wall, fence or hedge of any type or height shall be erected on any Lot without first obtaining the written approval of the Architectural Control Committee as to the type, height and materials to be used and as to which side faces public area. In no event shall any wall, fence, or hedge be constructed or maintained with a height of more than six (6) feet.
No individual water supply system shall be permitted on any Lot unless such system is located, constructed and equipped in accordance with the requirements, standards and recommendations of Brevard County, and Florida State Board of Health. Individual wells to be used for irrigation, air conditioning and heating systems or swimming pools shall be permitted.
Above ground pools will not be permitted. In cases where the back yard surrounding a pool is not fenced, the pool itself must be enclosed with a fence or other suitable enclosure. Prior to the construction of said fence, approval of fence design shall be obtained from the Architectural Control Committee.
The Architectural Control Committee shall consist of two (2) or more persons, elected by the membership at a members meeting. The Architectural Control Committee may appoint additional members as it deems necessary. If the number of Architectural Control Committee Members falls to zero (0) at any time during the calendar year, then the Board can appoint additional members to the committee until the next vote at a members meeting is held.
Section 1. Maintenance. The
Association shall have the responsibility of maintaining the Common Areas; the fences along Wickham Road and Lake Washington Rd; the landscaped areas contained within the medium of Longwood Boulevard, and within the two entry ways of Longwood Subdivision. The Association shall have the responsibility of maintaining said property in accordance with the maintenance standards established from time to time by the City of Melbourne or any other governmental authorized excising jurisdiction.
Section 2. City’s Right to Maintain. In the event that the Association shall fail to carry out its responsibilities as set forth in Article VI, Section 1 within thirty (30) days of a directive to do so from the City of Melbourne, the City may, at its election but shall not be obligated to, enter upon the property and perform such maintenance work which, in the sole discretion of the City, shall be required.
Section 3. Enforcement. In the event the City of Melbourne shall elect to do any maintenance work in accordance with Article VI, Section 2 hereof, the Association shall be obligated to pay the cost incurred by the City for such work. Upon the failure of the Association to do so promptly upon demand the City shall have the right to record a certificate setting forth the amount of said cost in the Public Records of Brevard County, Florida, which shall act as a lien against all of the Lots of the subdivision of equal and like dignity to any annual or special assessment as provided for in this Revitalized Declaration. The City shall have all of the rights to enforce said lien as are granted to the Association by this Revitalized Declaration for the enforcement of assessments by the Association. The City may foreclose said lien in its own name in accordance with the procedures authorized by Florida statutes for the foreclosure of special assessments liens.
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provision of this Revitalized Declaration. Failure by the Association 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.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no ways affect any other provisions which shall remain in full force and effect.
Section 3. Section 3 has been deleted in its entirety and is no longer applicable.
Section 4. Amendment. The covenants and restrictions of this Revitalized Declaration shall run with and bind the land for a term of thirty (30) years from the date this Revitalized Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Revitalized Declaration may be amended by an instrument signed by not less than seventy five percent (75%) of the Lot Owners. Any Amendment must be recorded.
Section 5. Section 5 has been deleted in its entirety and is no longer applicable.