DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
THIS DECLARATION, is made and executed this 13 th day of October, 2005 by TURNER
LAND ENTERPRISES, LLC, a Florida limited liability company, whose mailing address is 508-
A Capital Circle, S.E., Tallahassee, Florida 32301, hereinafter referred to as "Declarant".
WHEREAS, Declarant is the owner of certain Properties located in LEON COUNTY,
Florida, and more particularly described in "Exhibit A" attached hereto and by reference made a
NOW THEREFORE, Declarant hereby declares that all of the properties described in
"Exhibit A" attached hereto shall be held, sold and conveyed subject to the following easements,
restrictions, covenants and conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with, the real property and be binding on all persons 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.
Section 1. "Association" shall mean and refer to PARK CHARLESTON
HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation, its successors and
assigns. A copy of the Articles of Incorporation of Park Charleston Homeowners Association, Inc.
are attached hereto as Exhibit "B". A copy of the Bylaws of Park Charleston Homeowners
Association, Inc. are attached hereto as Exhibit "C".
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
Section 3. "Properties" shall mean and refer to that certain real property described in
"Exhibit A" allached hereto, and such additions thereto as may hereafter be brought within the
jurisdiction of the Association.
Section 4. "PIat of PARK. CHARLESTON-PHASE 1" shall mean and refer to the Plat of
PARK CHARLESTON-PHASE I, recorded in Plat Book 16, Pages 49-51 of the Public Records of
LEON COUNTY, Florida, representing the PARK CHARLESTON subdivision.
Section 5. "Lot" shall mean and refer to each lot designated on the Plat of PARK
Section 6. "Declarant" shall mean and refer to Turner Land Enterprises, LLC, a Florida
limited liability company, or its successors and assigns, if such, successors or assigns should
acquire more than one unimproved Lot froln the Declarant for the purpose of development and
such successor or assign has received written assignment of slich Declarant's rights hereunder.
"Declarant" shall. include the singular and plural as the context may require.
Section 7. "Common Area" shall mean all real property and/or easement rights (including
the improvemenls thereto) owned and held by the Association for the common use and enjoyment real property and easement rights described in this Declaration and any areas depicted on the Plat
of PARK CHARLESTON-PHASE 1 as Common Areas which have not been dedicated and
accepted by the local governmental authority. The Declarant shall deed, Common Areas to the
Association no later than when ninety percent (90%) of the Lots have been sold and conveyed by the Declarant. Additional real property and or easement rights may be conveyed to the
Association for the common use and enjoyment of the Owners as the Properties are developed.
Section 8. "Single-Family Detached Dwelling" shall mean and refer to any single-family .
dwelling unit constructed on any portion of the Properties that is in no way connected to another
Section 9. "Duplex" shall mean and refer to any free standing building consisting of two
(2) adjoining townhouses buill with common or party walls and not connected on either side to
other townhouse units.
Section 10. "Townhouse" shall mean and refer to the single-family unit intended to be
constructed on any of the Lots. Each townhouse as currently designed may be a pmi of a duplex
of two (2) townhouses with each townhouse sharing a "common" or "party" wall with the
adjoining townhouse owner. It is anticipated that Townhouse units will be constructed in PARK
MEMBERSHIP AND VOTING RlGHTS
Section 1. Every owner of a Lot, which is subject to assessment, shall be a member of the
Association. Membership shall be appurtenant to, and may not be separated from, ownership of
any Lot that is subject to assessment.
Section 2. Board of Directors. The owners shall be allowed to elect all directors of the I
Association on a one-vote-per-Iot basis, and the first election shall be held at such time as ninety
percent (90%) of the Lots have been constructed on and deeded to third parties, or earlier at the
election of the Declarant.
Section 3. On all issues except election of directors and amendment of this Declaration of
Covenants, Conditions and Restrictions, the Association shall have two (2) classes of voting
Class A. Class A member shall be all Owners, with the exception of the Declarant, and
shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest
in any Lot, all such persons shall be members. The vole for such Lot shaIl be exercised as they
determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The Class B members shall be the Declarant and shall be entitled to nine (9)
votes for each lot owned. The Class B membership shall cease and be converted to Class A
membership when 90 % of the Lots have been improved with dwelling units and conveyed to third
parties, or earlier at the discretion of the Declarant.
Section 4. Owners' 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 the following provisions:
(a) the right of the Association to suspend the voting rights and right to use of any
recreational facilities by an Owner for any period during which any assessment against his Lot
remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published
rules and regulations;
(b) 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 Owners or 10 mortgage all or parl of the Common Area; provided, however,
that no such dedication, IransJer or mortgage shall he effective unless an instrument agreeing Lo
such dedication, transfer or mortgage signed by two-thirds (2/3) of the owners has been recorded.
Section 5. 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 immediate family,
his tenants, or contract purchasers who reside on the property.
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation Assessments. Each Owner of any
Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association annual and special assessments or charges
as provided for hereinafter. Annual assessments shall be on a calendar year basis. The annual and
special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge
on the land and shall be a continuing lien upon the property against which such assessment is
made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall
also be the personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments shall not pass to
his successors in title unless expressly assumed by them. The Declarant is exempt from
assessments for any Lots which are undeveloped or developed but not conveyed to a third party.
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 in the
property and for:
(i). the enforcement of the provisions of this Declaration on behalf of the
(ii).the maintenance of an entrance sign, posts for street signs, maintenance and
landscaping for all common areas, individual lawn maintenance for all lots, fencing
owned by the association, berm along the rear of Blocks A and K, landscape .
islands in the rights of ways and any mail collection areas, if applicable
(iii).improvements and maintenance of all Common Areas, if applicable
(iv).street lighting, if applicable.
Section 3. Maximum Annual Assessments. Until January 1 of the year immediately
following the conveyance of the first Lot to an owner, the maximum annual assessment shall be
$850.00 per lot.
(a) From and after January 1 of the year the conveyance of the first Lot to an Owner,
the maximum annual assessment may be increased each year not more than
20% above the maximum assessrnent for the previous year without the vote of
(b )The maximum annual assessment may be increased above 20% by a vote of
two-thirds (2/3) of the Owners who are voting in person or by proxy at a meeting
called for that purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum .
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
for the purpose of defraying, in whole or in part, the cost of enforcing this Declaration on behalf of
the Association or the cost of any construction, reconstruction, repair, or replacement of the
entrance sign or an improvement upon the Common Area, including fixtures and personal
property related thereto, provided that any such assessment shall have the, assent of two-thirds
(2/3) of the Owners who are voting in person or by proxy at a meeting duly called for this purpose;
provided, however, any such assessment shall not require such assent if the assessment is required
to fund and pay for reasonable and necessary costs and expenses for maintaining the Common
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4.
Written notice of any meeting called for the purpose of taking any action authorized under
Sections 3 and 4 shall be sent to all Owners not less than 30 days nor more than 60 days in
advance of the meeting. At such meeting, the presence of Owners or of written proxies, signed by
the respective Owners, entiled to cast a majority of all the votes of the Owners shall constitute a quorum. The quorum required for any action authorized by the Change in Maximum Annual
Assessment provision or Special Assessment provision shall be as follows: At the first meeting
called, as provided in those provisions, the presence at the meeting of Owners or of proxies,
entitled to cast a majority of all votes of the membership shall constitute a quorum. If the required
number is not present at said meeting, another meeting may be called, subject to the notice
requirements, and the required quorum at any such subsequent meeting shall be one-half (1/2) of
the required quorum at the preceding meeting.
Section 6. Uniform rate of Assessment and Collection. Except as otherwise set forth
herein, both annual and special assessments shall be fixed at a uniform rate for all Lots.
Assessments may be collected on an installment basis at the discretion of the Board of Directors.
Section 7. Date of Commencement of Annual Assessments; Due Date. The Board of
Directors shall determine the commencement date for the annual assessments. The first annual
assessments shall be adjusted according to the number of months remaining in such calendar year.
Written notice of the annual assessment shall be sent to every Owner subject thereto.
Section 8. Collection of Assessments; Effect of Nonpayment of Assessments; Remedies of
the Association; Any assessment not paid when due shall bear interest at the rate of eight percent
(8%) per annum. The Association shall be entitled to collect from the Owner all legal costs,
including a reasonable attorneys' fee, incurred by the Association in connection with or incident to
collection of any assessment or in connection with the enforcement of the lien resulting there
from. The Association may bring an action at law against the Owner personally obligated to pay
the assessment, interest, fees and costs to foreclose the lien against the property. No Owner may
waive or otherwise escape liability for the assessments provided for herein by non-use of the
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided
for herein shall be subordinate to the lien of any first mortgage. Except as otherwise provided for
herein, the sale or transfer of any Lot shall not affect the assessment lien. No sale or transfer shall
relieve such Lot from liability for any assessments thereafter becoming due or from the lien
Section 10. Sale or Transfer of a Lot.
(a). Notwithstanding the foregoing provisions, upon the sale or transfer of a Lot in
a bona fide transaction for fair and adequate consideration, the lien for any unpaid annual
or special assessments against such Lot for any year or years prior to the year in which the
sale or transfer occurs shall be extinguished unless a notice of the lien for such unpaid
assessments is filed for record in the Public Records of LEON COUNTY, Florida, prior to
the recording in these Public Records of the deed of conveyance or transfer from the
Owner of the Lot who was the Owner at the title the assessment was levied. The notice of
lien shall recite therein the name of the record Owner of the Lot at the time the assessment
was levied, the legal description of the Lot affected by the lien and the original amount of
the assessment. The failure to file such notice of lien shall not affect the personal
obligation therefore as set forth in this Declaration nor shall it affect the lien against the
Lot for so long as the Owner of the Lot at the time the assessment was levied retains a
record ownership interest in said Lot other than that held as the holder of a security deed.
(b) . In the event there is an unpaid annual or special assessment which was levied
during the calendar year in which the Lot is sold or transferred prior to such sale or
transfer, and no notice of lien was filed prior to the filing of the deed of conveyance or
transfer in said Public Records, such assessments shall be prorated as of the date of the sale
or transfer and the new Owner's pro rata share of such assessment shall continue as a
personal obligation and as a lien on the Lot as otherwise provided for in this Declaration
and the remaining portion of said assessment shall not be the personal obligation of the
new Owner nor be a lien on said Lot; provided, however, that such remaining portion shall
continue as a lien upon such lot if the Seller or transferor retains an ownership interest in
the Lot other than that held as the holder of a security deed.
Section 11. Exempt Property. All property dedicated to, and accepted by, a local public
authority and all property owned by a charitable or non-profit organization exempt from taxation
by the laws of the State of Florida shall be exempt from the assessments created herein; provided however, no land or improvements devoted to dwelling use shall be exempt from said
assessments. Notwithstanding the forgoing, the Declarant is exempt from assessments for any
Lots that are either undeveloped or developed but not conveyed to a third party.
EASEMENTS AND DEDICATION
Section 1. Roadway, Utility, Drainage, and Landscape Easements. The Declarant hereby
reserves, excepts, imposes, grants and creates nonexclusive, perpetual easements to and on behalf
of the Declarant, the Association, the Owners, their grantees, heirs and successors in interest for
ingress and egress, utility, drainage and landscape purposes over, across and under each Lot, the
Common Areas, the storm water management facility, and the Conservation Easement areas as
depicted on the Plat of PARK CHARLESTON-PHASE 1.
Section 2. Maintenance and Interference. The Association shall maintain each easement
provided for herein unless and until such time as the property encumbered by the easement has
been dedicated and accepted by local governmental authority and local governmental authority has
assumed such maintenance. The local governmental authority shall not have responsibility for
maintenance of the streets and street related drainage facilities located on the Properties unless and
until the local governmental authority accepts such maintenance responsibility. Within the
roadway, utility, access and drainage easements, no structure, planting or other material, which
may interfere with the use and purpose of tbe casements, shall be placed or permitted to remain,
unless approved by governmental authority.
Section 3. Drainage. A nonexclusive easement shall exist in favor of Declarant and the
Association, and their designees, over, across and upon the Properties for drainage and water ,
management purposes. An easement for ingress, egress and access shall exist for such parties to
enter upon and over any portion of the Properties (including Lots and Homes) in order to
construct, maintain or repair, as necessary, any water management areas and facilities thereon and
appurtenances thereto. No structure, landscaping, or other material shall be placed or be permitted
to remain which may damage or interfere with the drainage of the Properties and/or installation or
maintenance of utilities or which may obstruct or retard the flow of water through the Properties
and/or water management areas and facilities or otherwise interfere with any drainage and/or
easement provided for in this Article or the use rights set forth elsewhere in this Declaration. Lot
setbacks, described in Article VIII of this Declaration, shall serve as prescriptive drainage crosscasements
allowing uphill and adjacent properties storm water access to the master stormwater
facilities as shown as Tracts A on the plat to be dedicated to the local governmental authority.
Each Owner shall use reasonable efforts to direct storm and surface water from such Owner's Lot
to the stormwater management facility without increasing the stormwater impact to adjacent Lots.
No building, fence, wall, outbuilding or other structure or improvement shall be
commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change alteration therein be made, until the pIans and specifications showing the nature, kind,
shape, height, materials, location and all other reasonable detail of the same shall have been
submitted to and approved in writing as to harmony of external design and location in relation to
surrounding structures and topography by an architectural committee composed of no less than
three (3) but not more than five (5) representatives named in this Article or subsequently
appointed by the Board of Directors of the Association (the "Architectural Committee"), as
hereinafter provided. In the evenl the Architectural Committee fails to approve or disapprove the
plans and specifications within thirty (30) days ailer the complete plans and specifications have
been submitted to them in accordarice with this Declaration, approval will not be required and this
Article will be deemed fully complied with. The initial Architectural committee shall be Douglas
E. Turner, Daron Bridges, and Fred Saxon. With the exception of the initial members, each
member of the Architectural Committee must be a representative of Declarant or an Owner.
Thereafter, all shall serve at the pleasure of the Board of Directors of the Association.
The Architectural committee may issue "Builder Guidelines" in order to more specifically
identify the building requirements.
SUBDIVISION OF LOT
Except as set forth below, no Lot shall be re-subdivided. This provision shall not, however,
be construed to prohibit any Owner from conveying part of his Lot to the Owner of an adjacent
Lot, and provided that the Declarant has approved such conveyance in writing by local governing
authorities. Such approval shall be at the sale discretion of the Declarant.
The heated and cooled square footage of any Single Family Detached Dwelling and any
Townhouse shall not be less than 1,700 square feet.
BUILDING, DRIVEWAY AND FENCE LOCATION
AND SIGHT RESTRICTIONS
Building locations shall be approved by the Architectural Committee; provided, however,
no building shall be located on any Lot: nearer than twenty (20) feet to the front Lot line; nearer
than twenty five (25) feet to the rear Lot line; nearer than seven and one-half (7.5) feet to a side interior
Lot line; (or any combination of setbacks that equate at least fifteen (15) feet provided that
no such setback shall be less than five (5) feet for Single Family Detached Dwellings and no side
setback for any Townhouses); nor nearer than fifteen (15) feet to a side street. For the purposes of
this Article, eaves and steps shall shall be considered as part of a building; provided, however, that
this shall not be construed to permit any portion of a building to encroach upon another site. No
driveway shall be located nearer than five (5) feet to an interior lot line except a back-up or turn
around pad may be located as near as one (1) foot to an interior Lot line. No fence shall be located
nearer to the front lot line than the rear corners of the primary building. The Architectural
Committee in accordance with the provisions of this Declaration mllst approve the location and
design of any fence. Fencing shall start at the rear corner of a building and proceed to the side and
rear yard. No fence shall be located on any Lot unless the Architectural Committee has approved
the installation, color and design of the fencing. The residence shall face the street. No
landscapiilg or other improvement which obstructs horizontal sight lines shall be placed or
permitted to remain on any Lot within any triangular area formed by street lines and a line
connecting them at points twenty five (25) feet from the intersection of street lines, which
distance, in the case of a rounded corner, shall be measured from the point formed by the
extension of the street line to form an angle instead of a curve. The same obstmction of sight line provisions shall apply to the area of every lot within the ten (10) feet radius emanating from the
intersection of any boundary line of a Lot with the edge of the driveway pavement. Trees may be
planted and maintained wilhin all of these areas if the foliage line is maintained at a sufficient
height to prevent obstruction of sllch sight lines. The Architectural Committee may, in its sole
discretion, grant variances tu the restrictions provided for in this Article.
No noxious or offensive activity shall be carried on upon any Lot nor shall anything be
done thereon which may be or may become an annoyance or nuisance to the neighborhood . This
provision also applies to the Common Area.
GARAGES AND CARPORTS,
Each dwelling constructed on a Lot indicated on the Plat of PARK CHARLESTON-PHASE I shall have a functional garage attached therelo which shall be designed to accommodate
the parking of at least two (2) automobiles. The Owner of each Lot shall ensure that the garage
door is kept closed at all times except when entering or exiting the garage. The Declarant will
allow one or more homes at any given time to be used as sales models, which may have the garage
enclosed for use as a sales office, which shall be converted to a functional garage, when the
respective sales model is sold and closed.
No structure of a temporary character, trailer, basement, tent, shack, garage or other
outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently;
however, a storage building that is not visible from the street and that is constructed of materials
and painted in a color, similar to the material and color of the dwelling constructed on that Lot,
may be approved by the Architectural Committee.
No sign of any kind shall be displayed , to the public view on any Lot except one (1)
professionally lellered sign of not more than five (5) square feet to advertise the property for sale
or lease and except signs lIsed by the Declarant to advertise Lots for sale. Notwithstanding the
foregoing, the Declarant or its affiliate shall have the right to use such signs as the Declarant
deems appropriate to promote the sale of improved or unimproved Lots. Any sign shall be
mounted on a free-standing post or sign holder.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot;
provided, however, domestic dogs, cats or other household pets may be kept, provided they are riot
kept, bred or maintained for any commercial purpose, and provided they are not kept on a chain,
but are kept indoors or within a fenced-in rear yards. No dogs of a fighting breed or dogs kept for
security may be kept outdoors except in the presence of the owner. Loud and consistently barking
dogs shall not be allowed. The association may adopt and implement regulations and rules
governing pets within the Properties.
RADIO AND TELEVISION ANTENNA,
SllORTS EQUIPMENT AND TANKS
No exterior radio, television or satellite-dish antenna may be installed on any portion of the
Properties unless the Architectural Committee has approved such installation and the size, color
and design of the antenna. Sports and play equipment, such as basketball goals and playground
equipment shall be located to the rear of the dwelling in a manner in which it is not visible from
any street. No tank for storage of fuel, water or other substance shall be placed or permitted to
remain on any Lot unless the tank is buried and the Architectural Committee approves the location
of the tank.
No mail or paper box or other receptacle of any kind for the use of delivery of mail,
newspapers, magazines or similar materials shall be erected or located on the Properties unless and
until the size, location and type of material for said boxes or receptacles shall have been approved
by the Architectural Committee.
Each Owner shall rnaintain the exterior of the building located on the Lot in a neat and
attractive condition. If an Owner shall fail to maintain or make the repairs or replacements which
are the responsibility of such Owner, then upon vote of a majority of the Board of Directors and
after not less than ten (10) days' notice to the Owner, the Association shall have the right (but not
the obligation) to enter upon such Lot and provide such maintenance or make such repairs or
replacements as it deems necessary or appropriate, and the cost thereof shall be payable to the
Association by such Owner within ten (10) days after the delivery to the Owner of a demand for
payment. Amounts due hereunder may be enforced and collected together with interest and
attorney's fees, in the manner assessments are enforced and collected under the provisions of this
Declaration. For the purpose solely of performing the maintenance authorized by this paragraph,
the Association 's agents and employees shall have the right, after reasonable notice to the Owner,
to enter upon any such lot between the hours of 7:00 a.m. and 6:00 p.m. during weekdays
Each wall that is built as a part of the original construction of the Townhouses upon the ?
Properties and placed on the. dividing line between the Lots shall constitute a party wall, and to the
extent not inconsistent with the provisions of this section the general rules of law regarding party
walls and liability for property damage due to negligence or willful acts or omissions shall apply
thereto. The cost of reasonable repair and maintenance of a party wall will be shared by the
Owners who made use of the party wall in proportion to such use. If a party wall is destroyed or
damaged by fire or other casualty any Owner who has used the party wall may restore it and if the
other Owners thereafter made use of the party wall, they shall contribute to the cost of restoration
thereof in proportion to such use without prejudice, however, to any remedy at law regarding
liability for negligent for willful acts or omissions. Notwithstanding any other provision of this
Article, any Owner who by his negligent or willful act causes the party wall to be exposed to the
elements shall bear the cost of furnishing the necessary prolection agai.nst the elements. The right
of any Owner to contribution from any other Owner under this Article shall be appurtenant to the
land and shall pass to such owner's successors in title. In the event of any dispute concerning a
party wall, or under the provisions of this Article, the matter shall be referred to the Board of
Directors of the Association and the decision of the majority vote by that board shall be
determinative of the matter and binding upon the parties.
The roof of each Duplex serves as the roof for both Townhouses within the Duplex
building. The Townhouse Owners in each Duplex shall be equally responsible for the cost
of maintenance, repair or replacement of the roof of the Duplex in which the Townhouse is located.
If the roof of a Duplex is damaged or destroyed or is otherwise in need of repair or replacement,
any Owner who has a Townhouse within the Duplex needing the repair or replacement, may after
notice to the other adjoining Townhouse Owner, make such repairs or replacement, and rhe other
Townhouse Owner shall contribute to the cost of such repair or replacement in equal shares. This
right of contribution shall be without prejudice to any right to call for a larger contribution under
any rules of law regarding liability for negligent or willful acls or omissions. Notwithstanding any
other provision in this paragraph, any Townhouse Owner who by his negligent or willful acts
causes damages to the roof of a Duplex thereby exposing the other Townhouse in the Duplex to
the elements shall be liable for any sllch damage and shall bear the entire cost of furnishing the
necessary protection against the. clements for the other Townhouse.
RECREATIONAL VEHICLES AND ACTIVITIES
No boat, trailer, motorcycle, motor home, camper, van, plane or recreational vehicle may
be parked or stored on any street or on any Lot, except within an enclosed garage. The pursuit of
hobbies or other activities including but not limited to, work on vehicles or other mechanical
devices and woodworking, which tend to result in disorderly, unsightly or unkempt conditions,
shall not be pursued or undertaken except within an enclosed garage.
ACCESS TO OTHER POPERTY
Except for the Declarant, no Owner shall permit or otherwise allow any portion of any Lot
to be utilized as an easement, roadway, driveway, street or other means or method of access,
ingress or egress to areas or property not included within the Properties. The purpose of this
provision is to preserve and protect the in tegrity of the exterior boundaries of the Properties, and to
preclude and prohibit any break in those boundaries by any easements, roadway, driveway or street
granted, permitted or otherwise created by any Owner other than the Declarant. The Declarant
reserves the right to grant such easements or create such roadways upon land or lots owned by the Declarant as the Declarant, in the Declarant's sole discretion, determines necessary, appropriate or
No two (2), three (3) or four (4) wheel motorized recreational vehicles, e.g., go cart, all
terrain vehicle, etc., shall be operated on any portion of the Properties; provided, however, the
Board of Directors or the Declarant may approve certain motorized vchicles designed so as not to
disturb the neighborhood, such as electric golf carts, for transportation.
GARBAGE AND REFUSE DISPOSAL
No Lot shall be used, maintained, or allowed to become a dumping ground for scraps,
litter, leaves, limbs or rubbish. Trash, garbage or other waste shall not be allowed to accumulate
on any Lot or other part of the Properties and shall not be kept except in sanitary containers
located and installed in the manner approved by the Architectural Committee. All equipment for
the storage or disposal of such material shall be kept in a clean and sanitary condition and shall not
be visible from the street or from any private or common driveway except for those times
designated for collection by the appropriate waste management ancl collection authority.
Section 1. Enforcement and Attorneys' Fees. The Association, or any Owner, shall have
the right to enforce, by any proceeding at law or in equity, including injunctive relief, all
restrictions, conditions, covenants, reservations, liens, charges and obligations now or hereafter
imposed by the provisions of this Declaration. In connection with slIch litigation, the prevailing
party shall be entitled to recover all costs and expenses incurred in connection with such litigation,
including reasonable attorneys' fees. Without limiting the genernlity of the foregoing, the
prevailing party in any litigation to require the Association to perform its obligations or to perform
any other action or obligation imposed on the Declarant pursuant to this Declaration, shall be
entitled to recover all costs and expenses incurred in connection with such litigation, including
reasonable attorneys' fees. The failure of the Association or 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 anyone of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
Section 3. Annexation. The Declarant may annex additional residential property and/or
common areas to the Properties in its sole discretion. It is anticipated that PARK
CHARLESTON-PHASE II will be annexed to the Properties. Declarant shall have the sole and
absolute authority to annex PARK CHARLESTON-PHASE II or any other additional property
and/or common areas to the Properties without the requirement of the Association's consent or the
consent of the Owners; provided, however, that the Association and the Owners shall, forthwith
upon request of Declarant join in the annexation of PARK CHARLESTON-PHASE II or any
other additional property and/or common areas and cxccute such instruments to evidence such
joinder and consent as Declarant shall request. Any such annexntion shall subject said land to and
impose on saicl land these covenants, conditions and restrictions, and the Owners of each Lot in
such annexed area shall have the same rights, benefits, obligations and duties as the Owners of the
Lots described in this Declaration.
Section 4. Development by Declarant. No provIsIons contained herein shall prevent
Declarant, or Declarant's contractors or subcontractors from performing such work and activities
as it deems necessary or advisable in connection with the development of the Properties and its
construction activities, nor shall such provisions in any way prevent the Declarant from
maintaining such sign or signs on the Properties as Declarant deems necessary or desirable for the
sale or other disposition thereof, nor shall such provisions in any way prevent the use of a Lot and
dwelling thereon as a model home and/or sales of office including the use of the garage as a sales
office thereby rendering the garage non-functional.
Section 5. Duration. The covenants and restrictions of this Declaration shall run with and
bind the land for a period of twenty (20) years from the date this Declaration is recorded in the
Public records of LEON COUNTY, Florida, at the end of which period it shall be extended for
successive periods often (10) years each, unless at least two-thirds (2/3) of the Owners at the time
of expiration of said initial period, or any extension period, shall sign an instrument in which said
covenants and restrictions are removed or modified in whole or in part, which instruments shall be
filed for record in the appropriate LEON COUNTY Public Records and in the manner then
provided by law.
Section 6. Amendments.
(a) By Declarant. Until Declarant's Class B membership in the Association is
terminated as herein provided, all amendments or modifications shall only be made by Declarant
without the requirement of the Association's consent or the consent of the Owners; provided,
however, that the Association shall, forthwith upon request of Declarant, join in any such
amendments or modifications and execute such instruments to evidence such joinder and consent
as Declarant shall, from time to time,request. Additionally, until Declarant's Class B membership
is terminated, Declarant may waive or grant variances from any of the covenants and restrictions,
other than those regarding payment of assessments, as to any Lot, including set back restrictions
within its sole discretion. After termination of Declarant's Class B membership in the Association,
the right to grant such variances shall be exercised by the Architectural Committee.
(b) By Owners. After termination of Class B membership in the Association, this
Declaration may be amended by the consent of the Owners of two-thirds (2/3) of all Lots. The
aforementioned consent of the Owners may be evidenced by a writing signed by the required
number of Owners or by the affirmative vote of the required number of Owners at any regular or
special meeting of the Association called and held in accordance with the Bylaws and evidenced
by a certificate of the Secretary or an assistant secretary of the corporation. Any amendment must
be recorded in the Public Records of Leon County, Florida.
(c) Limitations. Notwithstanding anything to the contrary herein contained, no
amendment to this Declaration shall be effective which shall impair or prejudice the rights or
priorities of Declarant, or of any institutional mortgagee under this Declaration without the
specific written approval of the Declarant or institutional mortgagee affected thereby.
(d) Effective Date. Any amendment to this Declaration shall become effective upon
such amendment being recorded in the Public Records of Leon County, Florida.
Section 7. Subordination. No breach of any of the conditions contained in this Declaration
or reentry by reason of such breach will defeat or render invalid the lien of any mortgage made in
good faith and for value as to the Subdivision or any Lot in the Subdivision; provided, however,
that the conditions will be binding on any Owner whose title is acquired by foreclosure, Trustee's
sale, or otherwise.