DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PARK CHARLESTON
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".WITNESSETH: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 part hereof. 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.ARTICLE I Back to TopDEFINITIONSSection 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 an obligation.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 CHARLESTON-PHASE I.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 dwelling unit.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 CHARLESTON-?PHASE II. ARTICLE II Back to TopMEMBERSHIP AND VOTING RlGHTSPROPERTY RIGHTSSection 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 membership: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. ARTICLE III Back to TopCOVENANT FOR MAINTENANCE ASSESSMENTSSection 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 Association. (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 than20% above the maximum assessrnent for the previous year without the vote of the membership.(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 meetingcalled 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 Area.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 Common Area.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 thereofSection 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.ARTICLE IV Back to TopEASEMENTS AND DEDICATIONSection 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.ARTICLE V Back to TopARCHITECTURAL CONTROLNo 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.ARTICLE VI Back to TopSUBDIVISION OF LOTExcept 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.ARTICLE VII Back to TopDWELLING SIZEThe heated and cooled square footage of any Single Family Detached Dwelling and any Townhouse shall not be less than 1,700 square feet.ARTICLE VIII Back to TopBUILDING, DRIVEWAY AND FENCE LOCATIONAND SIGHT RESTRICTIONSBuilding 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.ARTICLE IX Back to TopNUISANCESNo 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.ARTICLE X Back to TopGARAGES AND CARPORTS,TEMPORARY STRUCTURESEach 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.ARTICLE Xl Back to TopSIGNSNo 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.ARTICLE XII Back to TopANIMALSNo 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.ARTICLE XIII Back to TopRADIO AND TELEVISION ANTENNA,SllORTS EQUIPMENT AND TANKSNo 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.ARTICLE XIV Back to TopMAILBOXESNo 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.ARTICLE XV Back to TopEXTERIOR MAINTENANCEEach 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 excluding holidays.ARTICLE XVI Back to TopPARTY WALLSEach 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.ARTICLE XVII Back to TopROOFINGThe 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.ARTICLE XVIlI Back to TopBOATS, TUAILERS,RECREATIONAL VEHICLES AND ACTIVITIESNo 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.ARTICLE XIX Back to TopACCESS TO OTHER POPERTYExcept 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 desirable.ARTICLE XX Back to TopVEHICLES PROHIBITEDNo 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.ARTICLE XXI Back to TopGARBAGE AND REFUSE DISPOSALNo 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.ARTICLE XXII Back to TopGENERAL PROVISIONSSection 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.