Tampa Palms Rules and Regulations
For your convenience, the CCR's (Covenants, Conditions and Restrictions) are posted below.
Copies of this document are available to all Tampa Palms owners at the Compton Park office located at 16101 Compton Drive. Note: there have been numerous amendments to the Tampa Palms CCR's, most address minimum square foot requirements for individual villages, a few detail delegations of developer rights or the addition of properties to the agreement. These amendments may not be included here.
This document does contain the amendments to Articles, I, VII, XIII and XIV, Voting; Article V, Wildlife; Article X, Assessments; Article XII, Short-term Rentals; and Article XIII, Fining.
For specific questions, please call the Property Manager at 977-3337.
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR TAMPA PALMS OWNERS ASSOCIATION, INC.
This Declaration of Covenants, Conditions, and Restrictions is made this 27th day of February, 1986, by Tampa Palms Development Corporation, a Florida corporation, (hereinafter referred to as "Declarant"):
WHEREAS, Declarant is the owner of the real property described in Exhibit "A" attached hereto and incorporated herein by reference. Declarant intends by this Declaration to impose upon the Properties (as defined herein) mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of residential property within the Properties made subject to this Declaration and amendments thereto by the recording of this Declaration. Declarant desires to provide a flexible and reasonable procedure for the overall development of the Properties and the interrelationship of the component residential and commercial developments, and to establish a method for the administration, maintenance, preservation, use and enjoyment of such Properties as are now or may hereafter be subjected to this Declaration; NOW, THEREFORE, Declarant hereby declares that all of the Properties described in Exhibit "A" and any additional property as may by Subsequent Amendment (as defined herein) be added to and subjected to this Declaration 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 subjected to this Declaration and which shall be binding on all parties having any right, title, or interest in the described Properties or any part thereof, their heirs, successors, successors-in-title, and assigns, and shall inure to the benefit of each owner thereof. This Declaration does not and is not intended to create a condominium within the meaning of Chapter 718, Florida Statutes.
SECTION 1. " Area of Common Responsibility" shall mean and refer to the Common Area, together with those areas, if any, which by contract with any residential association, with any commercial establishment or association, any golf or country club, or with any apartment building owner or cooperative within the Properties become the responsibility of the Association. In addition, the office of any property manager employed by or contracting with the Association and located on the Properties shall be part of the Area of Common Responsibility.
SECTION 2. "Association" shall mean and refer to Tampa Palms Owners Association, Inc., a Florida corporation not-for-profit, and its successors and assigns. The "Board of Directors" or "Board" shall be the elected body having its normal meaning under Florida law.
SECTION 3. "Commercial Unit" shall mean a portion of the Properties intended for any type of independent ownership for use and occupancy as a commercial, office, or business establishment as may be developed, used, and defined as herein provided or as provided in Subsequent Amendments covering all or a part of the Properties; provided, further, the term shall include all portions of the lot owned including any structure thereon. For the purposes of this Declaration, a Commercial Unit shall come into existence when substantially complete or upon the issuance of a certificate of occupancy by the appropriate agency of the City of Tampa, Florida, or other local government entity.
SECTION 4. “Common Area” shall mean all real and personal property which the Association now or hereafter owns or otherwise holds for the common use and enjoyment of the Owners. The initial Common Area shall be conveyed to the Association prior to the conveyance of a subdivision interest to any Residential Unit purchaser.
SECTION5. “Common Expenses” shall mean and include the actual and estimated expenses of operating the Association, both for General and Subdistrict purposes, including any reasonable reserve, all as may be found to be necessary and appropriate by the Board pursuant to this Declaration, the By- Laws, and the Articles of Incorporation of the Association.
SECTION 6. "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard may be more specifically determined and set forth by the New Construction Committee.
SECTION 7. "Electoral District" shall mean a geographical area or areas comprised of one or more housing types or commercial areas and representing a political unit for the purpose of electing directors. Districts shall not be required to be equal in population. The Declarant may at any time and from time to time until the termination of Class "B" membership as provided in Section 2(b) of Article III of this Declaration establish and alter or reestablish the boundaries of Electoral Districts by the recordation of an exhibit to this Declaration setting forth the metes and bounds or other legal description of the land contained within each Electoral District. After termination of the Class "B" membership, the Board of Directors may prepare and record such exhibit. Such recordation shall not constitute an amendment to this Declaration and shall not require the formality thereof. An Electoral District may be composed of non-contiguous property.
SECTION 8. "General Assessment" shall mean and refer to assessments levied to fund expenses applicable to all Members of the Association.
SECTION 9. "Land Segment Owner" shall mean and refer to one or more persons or entities who hold record title to any "Land Segment," which shall mean and refer to any property for development as Commercial or Residential Units. The term Land Segment Owner shall include any lot pool builder but shall under no circumstances include the Declarant. Land Segment Owners shall have no vote and shall not be subject to assessments, but shall otherwise be subject to this Declaration.
SECTION 10. "Master Land Use Plan" shall mean and refer to the plan for the development of the Properties most recently approved by the City of Tampa, Florida, or Hillsborough County, Florida, as it may be amended from time to time.
SECTION 11. "Member" shall mean and refer to a person or entity entitled to membership in the Association, as provided herein.
SECTION 12. "Mortgage" shall include a deed of trust, as well as a mortgage.
SECTION 13. "Mortgagee" shall include a beneficiary or holder of a deed of trust, as well as a mortgagee.
SECTION 14. "Mortgagor" shall include the trustor of a deed of trust, as well as a mortgagor. SECTION 15. "Owner" shall mean and refer to one or more persons or entities who hold the record title to any Commercial or Residential Unit which is part of the Properties, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Commercial or Residential Unit is sold under a recorded contract of sale, the purchaser (rather than the fee owner) will be considered the Owner.
SECTION 16. "Person" means a natural person, a corporation, a partnership, trustee, or other legal entity.
SECTION 17. "Properties" shall mean and refer to the real property described in Exhibit "A" attached hereto and shall further refer to such additional property as may hereafter be annexed by Subsequent Amendment to this Declaration or which is owned by the Association.
SECTION 18. "Residential Unit" shall mean a portion of the Properties intended for use and occupancy as a residence for single family and shall, unless otherwise specified, include within its meaning (by way of illustration, but not limitation) condominium units, apartment units, patio or zero lot line homes, and single family houses on separately platted lots, as may be developed, used, and defined as herein provided or as provided in Subsequent Amendments covering all or a part of the Properties; provided, further, the term shall also include all portions of the lot owned including any structure thereon. In the case of a structure which contains multiple apartment units, each apartment unit shall be deemed to be a separate residential unit. For the purposes of this Declaration, a Residential Unit shall come into existence when substantially complete or upon the issuance of a certificate of occupancy by the appropriate agency of the City of Tampa, Florida, or other local governmental entity.
“Residential Unit,” as it relates to interpretation of permitted uses of the Properties intended for use and occupancy as a residence for a single family. Unless specifically stated otherwise, a Residential Unit shall be interpreted to mean only a residence for a single family and shall not include, within its definition, the use of a residential unit for business activities, such as home occupation. This definition shall not preclude the use of a residential unit as a temporary model home.
SECTION 19. "Special Assessment" shall mean and refer to assessments levied in accordance with Article X, Section 3 of this Declaration.
SECTION 20. "Subdistrict" shall mean and refer to separately designated, developed residential or commercial areas comprised of various types of housing or commercial activity which initially or by amendment are made subject to this Declaration; for example, and by way of illustration and not limitation, condominiums, fee simple town homes, single family detached houses; commercial, office and retail establishments, and rental apartments. In the absence of specific designation of separate Subdistrict status, all Properties made subject to this Declaration shall be considered a part of the same Subdistrict; provided, however, the Declarant may designate in any Subsequent Amendment adding property to the terms and conditions of this Declaration that such properties shall constitute a separate Subdistrict or Subdistricts; and provided, further, by a 60% vote, the Board of Directors may also designate Subdistrict status to any area so requesting.
SECTlON 21. "Subdistrict Assessments" shall mean assessments for common expenses provided for herein or by any Subsequent Amendment which shall be used for the purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of the Commercial and Residential Units against which the specific Subdistrict Assessment is levied and of maintaining the properties within a given Subdistrict, all as may be specifically authorized from time to time by the Board of Directors and as more particularly authorized below.
The Subdistrict Assessment shall be levied equally against Owners of Commercial or Residential Units in a Subdistrict for such purposes as are authorized by this Declaration or by the Board of Directors from time to time, provided that in the event of assessments for exterior maintenance of structures, or insurance on structures, or replacement reserves which pertain to particular structures (pursuant to an amendment to this Declaration), such assessments (that are for the use and benefit of particular lots/units) shall be levied on a pro rata basis among benefited Owners. SECTlON 22. "Subsequent Amendment" shall mean an amendment to this Declaration which adds additional property to that covered by this Declaration. Such Subsequent Amendment may, but is not required to, impose, expressly or by reference, additional restrictions and obligations on the land submitted by that Amendment to the provisions of this Declaration.
SECTlON 23. "Unit" shall be an inclusive term referring to both Commercial Units and Residential Units.
SECTlON 24. "Voting Member" shall mean and refer to the representative selected by the Members in each Subdistrict or residential association, who shall be responsible for election of directors, amending this Declaration or the By-Laws, and all other matters provided for in this Declaration. The Voting Member from each Subdistrict or residential association, if any, shall be the senior elected officer (e.g., Subdistrict Committee chairman or association president) from that component; the alternate Voting Member shall be the next most senior officer. Each Voting Member shall be entitled to cast as many votes as equals the number of Units he or she represents.
Every Owner shall have a right and easement of enjoyment in and to the Common Area subject to this Declaration and to any restrictions or limitations contained in any deed or amendment to this Declaration conveying to the Association or subjecting to this Declaration such property. Any Owner may delegate his or her right of enjoyment to the members of his or her family, tenants, and social invitees subject to reasonable regulation by the Board and in accordance with procedures it may adopt.
The Board of Directors by resolution may extend permission to recognized community leagues, or religious or school groups to use certain of the recreation facilities within the Properties subject to such terms and conditions as the Board may impose.
Access to the golf course and to the club facilities or to a part thereof is strictly subject to the rules and procedures of the golf club. No Owner or occupant gains any right to enter or to use those facilities by virtue of ownership or occupancy of a Commercial or Residential Unit.
MEMBERSHIP AND VOTING RIGHTS
SECTlON 1. Membership. Every Owner, as defined in Section 15 of Article I, shall be deemed to have a membership in the Association. No Owner, whether one or more persons, shall have more than one (1) membership per Unit owned. In the event the Owner of a Unit is more than one person or entity, votes and rights of use and enjoyment shall be as provided herein. The rights and privileges of membership, including the right to vote, may be exercised by a Member or the Member's spouse. The membership rights of a Commercial Unit shall be exercised by the Owner or, in the case of a corporate owner, by the individual designated in a written instrument provided to the Secretary.
SECTlON 2. Voting. The Association shall have two (2) classes of membership, Class “A” and Class "B", as follows:
(a) Class “A”. Class “A” Members shall be all Owners with the exception of the Class "B" Members, if any.
Class “A” Members owning Residential Units shall be entitled to one (1) vote for each Residential Unit in which they hold the interest required for membership by Section 1 hereof; there shall be only one (1) vote per unit; Class “A” Members owning Commercial Units shall be entitled on all issues to vote in accordance with the formula set out in Exhibit C". When more than one person or entity holds such interest in any Unit, the vote for such Unit shall be exercised as those persons or entities themselves determine and advise the Secretary of the Association prior to any meeting. In the absence of such advice, the Unit's vote shall be suspended in the event more than one person or entity seeks to exercise it.
Any Owner of Residential Units which are leased may, in the lease or other written instrument, assign the voting right appurtenant to that Residential Unit to the lessee, provided that a copy of such instrument is furnished to the Secretary prior to any meeting.
(b) Class “B”. The Class "B" Member shall be the Declarant and any successor of Declarant who takes title for the purpose of development and sale, and who is designated as such in a recorded instrument executed by Declarant. The Class "B" membership shall terminate and become converted to Class “A” membership within one hundred twenty (120) days of the happening of the earlier of the following:
(i) when the total outstanding Class “A” votes equal or exceed seventy-five (75%) percent of the Units permitted by the Master Land Use Plan for the property described on Exhibit "A" and "B";
(ii) January 1, 2015; or
(iii) when, in its discretion, the Declarant so determines.
From and after the happening of these events, whichever occurs earlier, the Class "B" Member shall be deemed to be a Class "A" Member entitled to one (1) vote for each Residential Unit in which it holds the interest required for membership under Section 1 hereof, and for each Commercial Unit, the number of votes determined in accordance with the formula set forth in Exhibit "C". At such time, the Declarant shall call a meeting, as provided in the By-laws of the Association for special meetings, to advise the membership of the termination of Class "B" status.
SECTION 1. Association's Responsibility. The Association shall maintain and keep in good repair the Area of Common Responsibility, such maintenance to be funded as hereinafter provided. This maintenance shall include, but not be limited to, maintenance, repair, and replacement subject to any insurance then in effect, of all landscaping and other flora, structures, and improvements situated upon such areas.
The Association may, in the discretion of its Board, assume the maintenance responsibilities set out in this Declaration or in any Subsequent Amendment of declaration subsequently recorded which creates any residential association or Subdistrict or upon any land Segment upon all or any portion of the Properties. In such event, all costs of such maintenance shall be assessed only against those Members residing in the association to which the services are provided. This assumption of responsibility may take place either by contract or because, in the opinion of the Board, the level and quality of service then being provided is not consistent with the Community-Wide Standard of the Properties. The provision of services in accordance with this Section shall not constitute discrimination within a class.
SECTION 2. Owners Responsibility. In accordance with this Declaration and any additional declaration and Subsequent Amendments to this Declaration which may be filed on portions of the Properties, all maintenance of a Unit and all structures, parking areas, and other improvements within a Unit shall be the sole responsibility of the Owner thereof who shall perform such maintenance in a manner consistent with the Community-Wide Standard of the Properties and the applicable covenants; provided, further, if this work is not properly performed by the Owner, the Association may perform it and assess the Owner; provided, however, except when entry is required due to an emergency situation, the Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry. The owner of any Unit adjacent to a landscape tract, as shown on the plat recorded for the property, upon which a wall has been constructed, shall maintain that portion of the landscape tract immediately adjacent to the Unit and lying between the boundary of the Unit and the wall, if any, constructed on the landscape tract as if such portion of the landscape tract were part of his or her Unit. In no event, however, shall the owner of any such Unit acquire, by prescription, adverse possession, or other operation of law, any right, title or interest in the portion of the landscape tract lying between the boundary of the Unit and any wall constructed on the landscape tract, absent express written conveyance thereof.
INSURANCE AND CASUALTY LOSSES
SECTION 1. Insurance. The Association's Board of Directors, or its duly authorized agent, shall have the authority to and shall obtain blanket all-risk insurance, if reasonably available for all insurable improvements on the Common Area and may, but shall not be obligated to, by written agreement with any Subdistrict Committee (as defined in the By-laws), assume the responsibility for providing the same insurance coverage on the Properties contained within the Subdistrict. If blanket all-risk coverage is not reasonably available, then at a minimum an insurance policy providing fire and extended coverage shall be obtained. This insurance shall be in an amount sufficient to cover one hundred (100%) percent of the replacement cost of any repair or reconstruction in the event of damage or destruction from any insured hazard.
In addition to casualty insurance on the Common Area, the Association may, but shall not under any circumstances be obligated to, obtain and continue in effect adequate blanket all-risk casualty insurance in such form as the Board of Directors deems appropriate for one hundred (100%) percent of the replacement cost of all structures comprising Residential Units. If the Association elects not to obtain such insurance, then an individual Subdistrict Committee may obtain such insurance as a common expense of the Subdistrict to be paid by Subdistrict Assessments, as defined in Article X hereof. In the event such insurance is obtained by either the Association or a Subdistrict Committee, the provisions of this Article shall apply to policy provisions, loss adjustment, and all other subjects to which this Article applies with regard to insurance on the Common Area. All such insurance shall be for the full replacement cost. All such policies shall provide for a certificate of insurance for each Member insured to be furnished to the Association or Subdistrict Committee, as applicable.
The Board shall also obtain a public liability policy covering the Common Area, the Association and its Members for all damage or injury caused by the negligence of the Association or any of its Members or agents. The public liability policy shall have at least a One Million ($1,000,000.00) Dollar single person limit as respects bodily injury and property damage, a Three Million ($3,000,000.00) Dollar limit per occurrence, if reasonably available, and a Five Hundred Thousand ($500,000.00) Dollar minimum property damage limit.
Unless higher insurance requirements are contained in any covenants or restrictions for any residential association or Subdistrict, the following shall apply: insurance obtained on the Properties contained within any Subdistrict or residential association, whether obtained by such Subdistrict, the residential association or the Association, shall meet the requirements of this Section 1. Costs of such coverage shall be a charge to the Members residing within such residential association or Subdistrict.
Premiums for all insurance on the Common Area shall be common expenses of the Association; premiums for insurance provided to other associations or Subdistricts shall be charged to those associations or Subdistricts. The policy may contain a reasonable deductible, and the amount thereof shall be added to the face amount of the policy in determining whether the insurance at least equals the full replacement cost. The deductible shall be paid by the party who would be responsible for the repair in the absence of insurance and in the event of multiple parties shall be allocated in relation to the amount each party's loss bears to the total. Deductibles on damage caused by errant golf balls shall be allocated either to the Owner or golfer as provided by law, but under no circumstances shall the Association be responsible.
Cost of insurance coverage obtained by the Association for the Common Area shall be included in the General Assessment, as defined in Article I, Section 8 and as more particularly described in Article X, Section 1.
All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association as Trustee for the respective benefitted parties, as further identified in (b) below. Such insurance shall be governed by the provisions hereinafter set forth:
(a) All policies shall be written with a company licensed to do business in Florida which holds a Best's rating of A or better and is assigned a financial size category of XI or larger as established by A. M. Best Company, Inc., if reasonably available, or, if not available, the most nearly equivalent rating.
(b) All policies on the Common Area shall be for the benefit of the Owners and their Mortgagees as their interests may appear; all policies secured at the request of a Subdistrict Committee shall be for the benefit of the Owners and their Mortgagees of Units within the Subdistrict.
(c) Exclusive authority to adjust losses under policies in force on the Properties obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto.
(d) In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their mortgagees.
(e) All casualty insurance policies shall have an inflation guard endorsement, if reasonably available, and an agreed amount endorsement with an annual review by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the Hillsborough County, Florida, area.
(f) The Association' s Board of Directors shall be required to make every reasonable effort to secure insurance policies that will provide for the following:
(i) a waiver of subrogation by the insurer as to any claims against the Association's Board of Directors, its manager, the Owners, and their respective tenants, servants, agents, and guests;
(ii) a waiver by the insurer of its rights to repair, and reconstruct, instead of paying cash;
(iii) that no policy may be cancelled, invalidated or suspended on account of anyone or more individual Owners;
(iv) that no policy may be cancelled, invalidated, or suspended on account of the conduct of any Director, officer, or employee of the Association or its duly authorized manager without prior demand in writing delivered to the Association to cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured by the Association, its manager, any Owner, or mortgagee;
(v) that any "other insurance" clause in any policy exclude individual Owners' policies from consideration; and
(vi) that no policy may be cancelled or substantially modified without at least ten (10) days' prior written notice to the Association.
In addition to the other insurance required by this Section, the Board shall obtain, as a common expense, worker's compensation insurance, if and to the extent necessary, and a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds. The amount of fidelity coverage shall be determined in the directors' best business judgment but may not be less than three (3) months' assessments, plus reserves on hand. Bonds shall contain a waiver of all defenses based upon the exclusion of persons serving without compensation and may not be cancelled or substantially modified without at least ten (10) days' prior written notice to the Association.
SECTION 2. Individual Insurance. By virtue of taking title to a Unit subject to the terms of this Declaration, each Owner covenants and agrees with all other Owners and with the Association that each Owner shall carry blanket all-risk casualty insurance on his Unit(s) and structures constructed thereon as provided for in Section 1 of this Article V, unless the Subdistrict Committee of the Subdistrict in which the Unit is located or the residential association or the Association carries such insurance (which they are not obligated to do). Each Owner further covenants and agrees that in the event of a partial loss or damage and destruction resulting in less than total destruction of structures comprising his Unit, the Owner shall proceed promptly to repair or to reconstruct the damaged structure in a manner consistent with the original construction. In the event that the structure is totally destroyed and the Owner determines not to rebuild or to reconstruct, the Owner shall clear the Unit of all debris and return it to substantially the natural state in which it existed prior to the beginning of construction. A residential association or Subdistrict Committee may impose more stringent requirements regarding the standards for rebuilding or reconstructing structures on the Unit and the standard for returning the Unit to its natural state in the event the Owner decides not to rebuild or reconstruct.
SECTION 3. Disbursement of Proceeds. Proceeds of insurance policies shall be disbursed as follows:
(a) If the damage or destruction for which the proceeds are paid is to be repaired or reconstructed, the proceeds, or such portion thereof as may be required for such purpose, shall be disbursed in payment of such repairs or reconstruction as hereinafter provided. Any proceeds remaining after defraying such costs of repairs or reconstruction to the Common Area or, in the event no repair or reconstruction is made, after making such settlement as is necessary and appropriate with the affected Owner or Owners and their mortgagee(s) as their interests may appear, shall be retained by and for the benefit of the Association and placed in a capital improvements account. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee.
(b) If it is determined, as provided for in Section 4 of this Article, that the damage or destruction to the Common Area for which the proceeds are paid shall not be repaired or reconstructed, such proceeds shall be disbursed in the manner provided for excess proceeds in Section 3(a) of this Article V.
SECTION 4. Damage and Destruction.
(a) Immediately after the damage or destruction by fire or other casualty to all or any part of the Properties covered by insurance written in the name of the Association, the Board of Directors, or its duly authorized agent, shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed Properties. Repair or reconstruction, as used in this paragraph, means repairing or restoring the Properties to substantially the same condition in which they existed prior to the fire or other casualty.
(b) Any damage or destruction to the Common Area or to the common property of any Subdistrict or residential association shall be repaired or reconstructed unless the Voting Members representing at least seventy-five (75%) percent of the total vote of the Association, if Common Area, or the association or Subdistrict whose common property is damaged, shall decide within sixty (60) days after the casualty not to repair or reconstruct. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within said period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No mortgagee shall have the right to participate in the determination of whether the Common Area damage or destruction shall be repaired or reconstructed.
(c) In the event that it should be determined in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the affected portion of the Properties shall be restored to their natural state and maintained by the Association, Subdistrict or residential association, as applicable in a neat and attractive condition.
SECTION 5. Repair and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed, and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Members, levy a special assessment against all Owners in proportion to the number of Units owned, provided, if the damage or destruction involves only a Commercial Unit or Units, only Owners of Commercial Units shall be subject to such assessment and if the damage or destruction involves only a Residential Unit or Units only Owners of Residential Units shall be subject to such assessment. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction.
SECTION 6. Wildlife. Tampa Palms is home to many species and varieties of wildlife that both reside in or transit the area, especially the conservation and wetland areas as well as its parks. Some of these varieties can be or are dangerous if approached. They include, by example and not by limitation, alligators, snakes, coyotes, foxes, bobcats, owls, hawks, bears, Florida panthers, feral hogs, raccoons, armadillos, and snapping turtles. There are also some species that are protected by law, such as Sandhill Cranes, soft-shelled turtles, and box turtles. Do not approach or feed wild animals. Feeding wild animals makes them associate humans with food, and increases the danger. The Association will not be responsible for injury from wild animals.
Except as is permitted in the Declaration or amendments thereto, there shall be no physical partition of the Common Area or any part thereof, nor shall any person acquiring any interest in the Properties or any part thereof seek any such judicial partition until the happening of the conditions set forth in Section 4 of Article V in the case of damage or destruction, or unless the Properties have been removed from the provisions of this Declaration. This Article shall not be construed to prohibit the Board of Directors from acquiring and disposing of tangible personal property nor from acquiring title to real property which may or may not be subject to this Declaration.
Whenever all or any part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of all Owners) by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice thereof. The award made for such taking shall be payable to the Association as Trustee for all Owners to be disbursed as follows:
If the taking involves a portion of the Common Area on which improvements have been constructed, then, unless within sixty (60) days after such taking the Declarant, so long as the Declarant owns any property described in Exhibits “A” or "B" of this Declaration, and Voting Members representing at least sixty percent (60%) of the total vote of the Association shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Area to the extent lands are available therefore, in accordance with plans approved by the Board of Directors of the Association. If such improvements are to be repaired or restored, the above provisions in Article V hereof regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any improvements on the Common Area, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board of Directors of the Association shall determine.
ANNEXATION OF ADDITIONAL PROPERTY
SECTION 1. Annexation Without Approval of Class “A” Membership. As the owner thereof, or if not the owner, with the consent of the owner thereof, Declarant shall have the unilateral right, privilege, and option, from time to time at any time until the year 2015, to subject to the provisions of this Declaration and the jurisdiction of the Association all or any portion of the real property described in Exhibit "B", attached hereto and by reference made a part hereof, whether in fee simple or leasehold by filing in the Public Records of Hillsborough County, Florida, an amendment annexing such Properties. Such Subsequent Amendment to this Declaration shall not require the vote of Members. Any such annexation shall be effective upon the filing for record of such Subsequent Amendment unless otherwise provided therein. Declarant shall have the unilateral right to transfer to any other person the said right, privilege, and option to annex additional property which is herein reserved to Declarant, provided that such transferee or assignee shall be the developer of at least a portion of said real property described in said Exhibit "B" attached hereto and that such transfer is memorialized in a written, recorded instrument. Prior to any annexation under this Section 1, plans for the development of the additional Property must be submitted to the Veterans Administration and the Veterans Administration must determine that the plans are in accordance with the overall general plan heretofore approved by the Veterans Administration and so advise Declarant.
SECTION 2. Annexation With Approval of Class “A” Membership. Subject to the consent of the owner thereof, upon the affirmative vote of Voting Members or Alternates representing a majority of the Class “A” votes of the Association other than Declarant at a meeting duly called for such purpose and of the Declarant, so long as Declarant owns property subject to this Declaration or which may become subject in accordance with Section I of this Article, the Association may annex real property other than that shown on Exhibit "B", and following the expiration of the right in Section I, the Properties shown on Exhibit "B", to the provisions of this Declaration and the jurisdiction of the Association by filing of record in the Public Records of Hillsborough County, Florida, a Subsequent Amendment in respect to the Properties being annexed. Any such Subsequent Amendment shall be signed by the President and the Secretary of the Association, and the owner of the properties being annexed, and any such annexation shall be effective upon filing unless otherwise provided therein. The relevant provisions of the By-laws dealing with regular or special meetings, as the case may be, shall apply to determine the time required for and the proper form of notice of any meeting called for the purpose of considering annexation of property pursuant to this Section 2 and to ascertain the presence of a quorum at such meeting.
SECTION 3. Acquisition of Additional Common Area. Declarant may convey to the Association additional real estate, improved or unimproved, located within the properties described in Exhibit "B" which upon conveyance or dedication to the Association shall be accepted by the Association and thereafter shall be maintained by the Association at its expense for the benefit of all its Members.
SECTION 4. Amendment. This Article shall not be amended without the written consent of Declarant, so long as the Declarant owns any property described in Exhibits "A" or "B".
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
SECTION 1. Common Area and Rights-of-Way. The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Area and all improvements thereon (including, without limitation, furnishings and equipment related thereto and common landscaped areas), and shall keep it in good, clean, attractive, and sanitary condition, order, and repair, pursuant to the terms and conditions hereof.
SECTION 2. Personal Property and Real Property for Common Use. The Association, through action of its Board of Directors, may acquire, hold, and dispose of tangible and intangible personal property and real property. The Board, acting on behalf of the Association, will accept any real or personal property, leasehold, or other property interests within the Properties conveyed to it by the Declarant.
SECTION 3. Rules and Regulations. The Association, through its Board of Directors, may make and enforce reasonable rules and regulations governing the use of the Properties, which rules and regulations shall be consistent with the rights and duties established by this Declaration. Sanctions may include reasonable monetary fines and suspension of the right to vote and the right to use the recreational facilities. The Board shall, in addition, have the power to seek relief in any court for violations or to abate nuisances. Imposition of sanctions shall be as provided in the By-laws of the Association. In addition, the Association, through the Board, may, by contract or other agreement, enforce county ordinances or permit the City of Tampa to enforce ordinances on the Properties for the benefit of the Association and its Members.
SECTION 4. Implied Rights. The Association may exercise any other right or privilege given to it expressly by this Declaration or the By-laws, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.
SECTION 1. Creation of Assessments. There are hereby created assessments for Common Expenses as may be from time to time specifically authorized by the Board of Directors to be commenced at the time and in the manner set forth in this Article X, Section 6. Assessments shall be allocated as follows: (a) equally for Residential Units owned by Owners; and (b) in accordance with Exhibit "C" for Commercial Units.
Subdistrict Assessments shall be levied against Residential or Commercial Units in particular portions of the Properties or in residential associations for whose benefit Common Expenses are incurred which benefit less than the Association as a whole. Each Owner, by acceptance of his or her deed or recorded contract of sale, is deemed to covenant and agree to pay these assessments. All such assessments, together with interest at the rate of eighteen (18%) percent per annum, costs, and reasonable attorney's fees, plus late fees of $25.00 for each installment that is delinquent, shall be a charge on the land and shall be a continuing lien upon the Unit against which each assessment is made.
Each such assessment, together with interest, late fees, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Unit at the time the assessment arose, and his or her grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance to the extent expressly assumed, except that first mortgagee that obtains title to a Unit pursuant to the remedies provided in the mortgage shall only be liable for unpaid assessments equal to the lesser of the prior one (1) year of regular periodic or special assessments on one (1%) percent of the original mortgage debt and shall be liable for all subsequently accruing assessments to the same extent as any other Owner.
Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors which may include, without limitation, acceleration of the annual assessment for delinquents; unless the Board otherwise provides, the assessments shall be paid in monthly installments.
The Association is specifically authorized to enter into subsidy contracts with Declarant or other entities for the payment of some portion of the common expenses; provided, however, the Veterans Administration shall be advised of and approve any form of subsidy contract entered into between the Declarant and the Association.
SECTION 2. Computation of Assessment. It shall be the duty of the Board, at least sixty (60) days before the beginning of the fiscal year and thirty (30) days prior to the meeting at which the budget shall be presented to the Voting Members, to prepare a budget covering the estimated costs of operating the Association during the coming year. The budget shall include a capital contribution establishing a reserve fund in accordance with a capital budget separately prepared and shall separately list general and Subdistrict expenses, if any. The Board shall cause a copy of the budget, and the amount of the assessments to be levied against each Unit for the following year to be delivered to each Owner at least fifteen (15) days prior to the meeting. The budget and the assessments shall become effective unless disapproved at the meeting by a vote of Voting Members or their alternates representing at least a majority of the total Class "A" vote in the Association.
Notwithstanding the foregoing, however, in the event the proposed budget is disapproved or the Board fails for any reason so to determine the budget for the succeeding year, then and until such time as a budget shall have been determined as provided herein, the budget in effect for the then current year shall continue for the succeeding year.
The Board may not, without the vote or written consent of Voting Members or their alternates representing a majority of the Class "A" votes of the Association, which shall include a majority of the votes of the Association residing in Members impose a General Assessment per Unit which exceeds the General Assessment per Unit for the immediately preceding fiscal year by more than ten (10%) percent or the amount which the Consumer Price Index for the metropolitan Tampa, Florida, area has increased over the previous fiscal year, whichever is greater; provided, however, in determining whether any increase is within the limitation imposed by this paragraph, the amount of any increase due to increased cost of utilities or insurance, damage by acts of God, and increases in the reserve fund shall not be included.
SECTION 3. Special Assessments. In addition to the assessments authorized in Section 1 of this Article, the Association may levy a Special Assessment or Special Assessments in any year applicable to that year; provided, however, any such assessment shall have the vote or written assent of Voting Members or their alternates representing fifty-one (51%) percent of the total votes of the Association. The Association may also levy a Special Assessment against any Member to reimburse the Association for costs incurred in bringing a Member and his Unit into compliance with the provisions of the Declaration, any amendments thereto: the Articles, the By-Laws, and the Association Rules and Regulations, which Special Assessment may be levied upon the vote of the Board after notice to the Member and an opportunity for a hearing. The Association may also levy a Special Assessment against any Subdistrict or residential association to reimburse the Association for costs incurred in bringing the Subdistrict or residential association into compliance with the provisions of the Declaration, any amendments thereto, the Articles, the By-Laws, and the Association Rules and Regulations, which Special Assessment may be levied upon the vote of the Board after notice to the senior officer thereof and an opportunity for a hearing.
SECTlON 4. Lien for Assessments. There shall exist a perfected lien for unpaid assessments on the respective Unit which is effective from and shall relate back to the date on which the original Declaration of the community was recorded and shall be prior and superior to all other liens, except (1) all taxes, bonds, assessments, and other levies which by law would be superior thereto, and (2) the lien or charge of any first mortgage of record (meaning any recorded mortgage or deed of trust with first priority over other mortgages or deeds of trust) made in good faith and for value.
Such lien, when delinquent, may be enforced by suit, judgment, and foreclosure.
The Association, acting on behalf of the Owners, shall have the power to bid for the Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. During the period in which a Unit is owned by the Association following foreclosure:
(a) No right to vote shall be exercised on its behalf;
(b) no assessment shall be assessed or levied on it; and
(c) each other Unit shall be charged, in addition to its usual assessment, its equal pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association as a result of foreclosure.
Suit to recover a money judgment for unpaid common expenses. Interest, late fees, costs, and attorney's fees shall be maintainable without foreclosing or waiving the lien securing the same. After notice and hearing, the Board may temporarily suspend the voting rights of a Member who is in default in payment of any assessment.
SECTlON 5. Capital Budget and Contribution. The Board of Directors shall annually prepare a capital budget which shall take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Board shall set the required capital contribution, if any, in an amount sufficient to permit meeting the projected capital needs of the Association, as shown on the capital budget, with respect both to amount and timing by annual assessments over the period of the budget. The capital contribution required shall be fixed by the Board and included within the budget and assessment, as provided in Section 2 of this Article. A copy of the capital budget shall be distributed to each Member in the same manner as the operating budget.
SECTlON 6. Date of Commencement of Annual Assessments. The annual assessments provided for herein shall commence as to all Residential Units within a Subdistrict on the first day of the month following the date on which a certificate of occupancy is issued on the first Residential Unit within that Subdistrict and on each Commercial Unit within a Subdistrict on the first day of the month following the date on which a certificate of occupancy is issued on the Commercial Unit, but in no event later than two (2) years after the date of conveyance of title by the Declarant to the first Owner of such Commercial Unit. Assessments shall be due and payable in a manner and on a schedule as the Board of Directors may provide. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year.
SECTlON 7. Subordination of the Lien to First Deeds of Trust and First Mortgages. The lien of assessments, including interest, late fees (subject to the limitations of Florida law), and costs (including attorney's fees) provided for herein, shall be subordinate to the lien of any first Mortgage upon any Unit. The sale or transfer of any Unit shall not affect the assessment lien. However, the sale or transfer of any Unit pursuant to judicial or nonjudicial foreclosure of a first Mortgage 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 Unit from lien rights for any assessments thereafter becoming due. Where the Mortgagee of a first Mortgage of record or other purchaser of a Unit obtains title, the first Mortgagee shall not be liable for the share of the common expenses or assessments by the Association chargeable to such Unit except the lesser of the prior one (1) year of regular periodic or special assessments or one percent (1%) of the original mortgage debt. Any remaining unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Units, including such acquirer, his successors and assigns.
The Board of Directors shall have the authority and standing, on behalf of the Association, to enforce in courts of competent jurisdiction decisions of the committees established in Sections 1 and 2 of this Article XI. This Article may not be amended without the Declarant's written consent so long as the Declarant owns any land subject to this Declaration or subject to annexation to this Declaration.
No construction, which term shall include within its definition staking, clearing, excavation, grading, and other site work, and no plantings or removal of plants, trees, or shrubs shall take place except in strict compliance with this Article, until the requirements thereof have been fully met, and until the approval of the appropriate committee has been obtained.
SECTlON 1. New Construction Committee. The New Construction Committee (NCC) shall have exclusive jurisdiction over all original construction on any portion of the Properties. The NCC shall prepare and, on behalf of the Board of Directors, shall promulgate design and development guidelines and application and review procedures, all as part of the Community Development Code and Land Use Standards ("CDC-LUS"). Copies shall be available from the New Construction Committee for review. The guidelines and procedures shall be those of the Association, and the NCC shall have sole and full authority to prepare and to amend the CDC-LUS. It shall make both available to Owners, builders, and developers who seek to engage in development of or construction upon all or any portion of the Properties and such Owners, builders and developers shall conduct their operations strictly in accordance therewith. Until one hundred (100%) percent of the Properties, computed on an area basis, have been developed and conveyed to purchasers in the normal course of development and sale, the Declarant retains the right to appoint all members of the NCC, which shall consist of at least three (3), but no more than five (5), persons. There shall be no surrender of this right prior to that time, except in a written instrument in recordable form executed by Declarant. Upon the expiration of such right, the Board of Directors shall appoint the members of the NCC in the same manner as provided in Section 2 of this Article for the Modifications Committee.
SECTION 2. Modifications Committees. If appointed by the Board of Directors, the following shall exist:
The Residential Modifications Committee (RMC) shall consist of at least three (3) and no more than five (5) members, all of whom shall be appointed by the Board of Directors. The RMC shall have exclusive jurisdiction over modifications, additions, or alterations made on or to existing Residential Units or structures containing Residential Units and the open space, if any, appurtenant thereto; provided, however, the RMC may delegate this authority to the appropriate board or committee of any residential association subsequently created or subsequently subjected to this Declaration so long as the RMC has determined that such board or committee has in force review and enforcement practices, procedures and appropriate standards at least equal to those of the RMC. Such delegation may be revoked and jurisdiction reassumed at any time by written notice.
The Commercial Modifications Committee (CMC) shall consist of at least three (3) and no more than five (5) members, all of whom shall be appointed by the Board of Directors. The CMC shall have exclusive jurisdiction over modifications, additions, or alterations made on or to existing Commercial Units or structures containing Commercial Units and the open space, if any, appurtenant thereto; provided, however, the CMC may delegate this authority to the appropriate board or committee of any commercial association subsequently created or subsequently subjected to this Declaration so long as the CMC has determined that such board or committee has in force review and enforcement practices, procedures and appropriate standards at least equal to those of the CMC. Such delegation may be revoked and jurisdiction reassumed at any time by written notice.
The Modification Committees shall promulgate detailed standards and procedures governing their areas of responsibility and practice. In addition thereto, the following shall apply. Plans and specifications showing the nature, kind, shape, color, size, materials, and location of such modifications, additions, or alterations, shall be submitted to the appropriate Modifications Committee for approval as to quality of workmanship and design and harmony of external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation. No permission or approval shall be required to repaint in accordance with an originally approved color scheme, or to rebuild in accordance with originally approved plans and specifications. Nothing contained herein shall be construed to limit the right of an owner to remodel the interior of his Unit, or to paint the interior of his Unit any color desired. In the event that the appropriate Modifications Committee fails to approve or to disapprove such plans or to request additional information reasonably required within forty-five (45) days after submission, the plans shall be deemed approved.
The Properties shall be used only for commercial, residential, recreational, and related purposes as may more particularly be set forth in this Declaration, amendments thereto or subsequently recorded declarations creating associations subject to this Declaration. The Association, acting through the Board of Directors, shall have standing and the power to enforce use restrictions contained in any such declaration as if such provisions were a regulation of the Association.
The Association, acting through its Board of Directors, shall have authority to make and to enforce standards and restrictions governing the use of Units and Common Area, including common property of any Subdistrict or residential association, in addition to those contained herein, and to impose reasonable user fees for facilities, including, but not limited to, vehicle storage areas, pathway systems, swimming pools, tennis courts, community center and parking facilities, if any. Such regulations and use restrictions shall be binding upon all Owners and occupants until and unless overruled, cancelled or modified in a regular or special meeting of the Association by Voting Members representing a Majority of the total Class “A” votes in the Association and by the vote of the Class "B" member, so long as such membership shall exist. Land use standards constituting the initial restrictions and standards are established by the Declarant. The Declaration or other creating document for any residential association may impose stricter standards than those contained in this Article. The Association, acting through its Board of Directors, shall have standing and the power to enforce such standards.
Tampa Palms Area 2, Unit 6A/7B, Tract 6A: The property shall be used for a maximum of two (2) church sites and recreational, educational and other uses reasonably related to the primary use as a church site(s).
Tampa Palms Area 1, Unit 3B, Tract E: The property shall be used for a maximum of one (1) church site and recreational, educational and other uses reasonably related to the primary use as a church site.
SECTION 1. Signs. No sign of any kind shall be erected by an Owner within the Properties without the written consent of the Board of Directors. The Board of Directors or Declarant shall have the right to erect signs.
SECTION 2. Parking and Garages. Owners shall park only in their garages or in the driveways serving their Units or appropriate spaces or designated areas in which parking mayor may not be assigned and then subject to such reasonable rules and regulations as the Board of Directors may adopt. All commercial vehicles, tractors, mobile homes, trailers (either with or without wheels), campers, camper trailers, boats and other watercraft, and boat trailers must be parked entirely within a garage unless otherwise permitted by the Board. No garage may be altered in such a manner that the number of automobiles which may reasonably be parked therein after the alteration is less than the number of automobiles that could have reasonably been parked in the garage as originally constructed.
SECTION 3. Occupants Bound. All provisions of the Declaration and of any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners and which provide for sanctions against owners shall also apply to all occupants of any Unit.
SECTION 4. Animals and Pets. No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Unit, with the exception of dogs, cats, or other usual and common household pets but no more than a total of two (2); provided, however, those pets which are permitted to roam free, or, in the sole discretion of the Association, endanger the health, make objectionable noise, or constitute a nuisance or inconvenience to the Owners of other Units or the owner of any property located adjacent to the Properties may be removed by the Board. No pets shall be kept, bred, or maintained for any commercial purpose. Dogs which are household pets shall at all times whenever they are outside a Unit be confined on a leash held by a responsible Person. Dogs shall be walked only in those areas designated by the Association.
SECTION 5. Nuisance. It shall be the responsibility of each owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Unit. No Unit shall be used, in whole or in part, for the storage of any property or thing that will cause such Unit to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any Unit that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried on upon any Unit, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the Unit. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of Properties.
SECTION 6. Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Properties.
SECTION 7. Antennas. No exterior television or radio antennas of any kind shall be placed, allowed, or maintained upon any portion of the Properties including any Unit, without the prior written consent of the Board or its designee. The Declarant and/or the Association may erect an aerial or other apparatus for a master antenna or cable system, should any such master system or systems be utilized by the Association and require any such exterior apparatus.
SECTION 8. Clotheslines, Garbage Cans, Tanks, Etc. All clotheslines, garbage cans, above-ground tanks, and other similar items shall be located or screened so as to be concealed from view of neighboring Units, streets, and property located adjacent to the Unit. All rubbish, trash, and garbage shall be regularly removed from the Unit and shall not be allowed to accumulate thereon.
SECTION 9. Subdivision of Unit. No Unit shall be subdivided or its boundary lines changed except with the prior written approval of the Board of Directors of the Association. Declarant, however, hereby expressly reserves the right to replat any Unit or Units. Any such division, boundary line change, or replatting shall not be in violation of the applicable subdivision and zoning regulations.
SECTION 10. Guns. The use of firearms within the Properties is prohibited. The term "firearms" includes "B-B" guns, pellet guns, and other firearms of all types, regardless of size.
SECTION 11. Pools. No above-ground pools shall be erected, constructed or installed on any Unit.
SECTION 12. Irrigation. No sprinkler or irrigation systems of any type which draw upon water from creeks, streams, rivers, lakes, ponds, canals or other waterways within the Properties shall be installed, constructed or operated within the Properties unless prior written approval has been received from the NCC or Declarant. All sprinkler and irrigation systems shall be subject to approval in accordance with Article XI of this Declaration and shall draw water only from city water supplies or wells.
SECTION 13. Tents, Trailers and Temporary Structures. Owners or occupants shall not place upon a Unit or any part of the Properties any tent or trailer or any structure of a temporary nature, such as a tent, shack, or utility shed.
Section 14. Short-Term Rental.
Rental or listing or electronic advertising of Residential Unit
SECTION 1. Term. The covenants and restrictions of this Declaration shall run with and bind the Properties, and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any Properties subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by a majority of the then Owners, has been recorded within the year preceding the beginning of each successive period of ten (10) years, agreeing to change said covenants and restrictions, in whole or in part, or to terminate the same.
SECTION 2. Amendment. This Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Voting Members representing sixty percent (60%) of the total votes of the Association. However, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Any amendment must be recorded in the Public Records of Hillsborough County, Florida.
SECTION 3. Indemnification. The Association shall indemnify every officer, director, and committee member against any and all expenses, including counsel fees, reasonably incurred by or imposed upon any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall, as a common expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available.
SECTION 4. Delegation of Use. Any Owner may delegate, in accordance with the By-laws of the Association, his or her right of enjoyment of the Common Area and facilities to the members of his or her family, tenants, and social invitees.
SECTION 5. Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment as between each Unit and such portion or portions of the Common Area adjacent thereto or as between adjacent Units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than one (1) foot, as measured from any point on the common boundary between each Unit and the adjacent portion of the Common Area or as between said adjacent Units, as the case may be, along a line perpendicular to such boundary at such point; provided, however, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of an Owner, tenant, or the Association.
SECTION 6. Easements for Utilities, Etc. Declarant hereby reserves for itself and its designees (including, without limitation, the City of Tampa, Tampa Palms Community Development District, and any utility) blanket easements upon, across, over, and under all of the Common Area and to the extent shown on any plat over the Units for ingress, egress, installation, replacing, repairing, and maintaining cable television systems, master television antenna systems, security, and similar systems, walkways, and all utilities, including, but not limited to, water, sewers, meter boxes, telephones, gas, and electricity. This reserved easement may be assigned by Declarant by written instrument to the Association, and the Association shall accept the assignment upon such terms and conditions as are acceptable to Declarant. If this reserved easement is assigned to the Association, the Board shall, upon written request, grant such easements as may be reasonably necessary for the development of any Properties described in Exhibit "A" or that may be annexed in accordance with Article VIII of this Declaration.
Without limiting the generality of the foregoing, there are hereby reserved for the City of Tampa, Florida, easements across all Units on the Properties for ingress, egress, installation, reading, replacing, repairing, and maintaining water meter boxes.
Notwithstanding anything to the contrary contained in this Section, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on said Properties, except as may be approved by the Association's Board of Directors or as provided in the development and sale by Declarant. Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Board of Directors shall have the right to grant such easement on said Properties without conflicting with the terms hereof. The easements provided for in this Article shall in no way adversely affect any other recorded easement on the Properties.
The Board shall have, by a two-thirds (2/3) vote, the power to dedicate all or part of the Common Area to the City of Tampa, other local, state, or federal governmental entity, or to the Tampa Palms Community Development District.
SECTION 7. 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 8. Right of Entry. The Association shall have the right, but shall not be obligated, to enter into any Unit for emergency, security, and safety, which right may be exercised by the Association's Board of Directors, officers, agents, employees, managers, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. This right of entry shall include the right of the Association to enter a Unit to cure any condition which may increase the possibility of a fire or other hazard in the event an Owner fails or refuses to cure the condition upon request by the Board.
SECTION 9. Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England.
SECTION 10. Golf Balls. Each Unit and the Common Area and the common property of any Subdistrict or residential association is burdened with an easement permitting golf balls unintentionally to come upon the Common Area and Units immediately adjacent to the Golf Course and for golfers at reasonable times and in a reasonable manner to come upon the Common Area and the exterior portions of a Unit to retrieve errant golf balls.
SECTION 11. Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by a vote of sixty percent (60%) of the Board of Directors. In the case of such a vote, and notwithstanding anything contained in this Declaration or the Articles of Incorporation or By-laws of the Association to the contrary, a Board member shall not vote in favor of bringing or prosecuting any such proceeding unless authorized to do so by a vote of sixty percent (60%) of all members of the Electoral District represented by the Board member. This Section shall not apply, however, to
(a) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens),
(b) the imposition and collection of personal assessments as provided in Article X hereof,
(c) proceedings involving challenges to ad valorem taxation, or
(d) counterclaims brought by the Association in proceedings instituted against it.
This Section shall not be amended unless such amendment is made by the Declarant or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above.
SECTION 12. Cooperation with Tampa Palms Community Development District. The Association shall have the power and is hereby authorized to contract with and to cooperate with the Tampa Palms Community Development District (CDD) in the discharge of their mutual responsibilities. The Association is further authorized to act on its Members' behalf in ensuring that the TPCDD level of services is consistent with the Community-Wide Standard.
SECTION 13. Obligations OF Members: Remedies at Law or in Equity. Each Member and the Member’s tenants, guests, and invitees, and each subdistrict, are governed by, and must comply with, Chapter 720, Florida Statutes, as amended from time to time, the governing documents of the community, and the rules of the Association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the Association or by any member against:
(a) The Association;
(b) A Member;
(c) Any director or officer of the Association or a subdistrict who willfully and knowingly fails to comply with these provisions; and
(d) Any tenants, guests, or invitees occupying a Unit or using common areas.
The prevailing party in any such litigation is entitled to recover reasonable attorney’s fees and costs. This section does not deprive any person of any other available right or remedy.
SECTION 14. Levy of Fines and Suspension of Use And Voting Rights:
(a) Fines. The Association may levy fines. A fine may not exceed $100 per violation against any Member or any Member’s tenant, guest, or invitee for the failure of the owner of the Unit or its occupant, licensee, or invitee to comply with any provision of the Declaration, the Association bylaws, or reasonable rules of the Association. A fine may be levied by the Board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed a cumulative amount of $1,000 per violation. A fine of less than $1,000 may not become a lien against a Unit; however, an unpaid fine shall become and shall be deemed a Special Assessment and shall be a charge on the land and shall be a continuing lien upon the Unit against which each fine is made if it shall exceed a cumulative amount in excess of $1,000.00, and subject to the same rights and procedures as set forth in Article X, Section 3 herein .
(b) A fine or suspension may not be imposed by the Board without at least 14 days’ notice to the person sought to be fined or suspended and an opportunity for a hearing before the Covenants Committee. The notice and hearing procedures for imposing a fine and for determining suspension of right of use of common facilities may be the same.
(c) SUSPENSION OF USE RIGHTS FOR NONPAYMENT OF FINES: The Association may suspend, for a reasonable period of time, the right of a Member, or a Member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the Unit or its occupant, licensee, or invitee to comply with any provision of the declaration, the Association bylaws, or reasonable rules of the Association. This provision applies to any Member or Unit that is more than 90 days delinquent in payment of a fine imposed under (a) above after notice and opportunity for hearing. A suspension of rights pursuant to this subsection does not apply to that portion of common areas used to provide access or utility services to the Unit. A suspension of use rights may not prohibit an owner or tenant of a Unit from having vehicular and pedestrian ingress to and egress from the land, including, but not limited to, the right to park.
(d) SUSPENSION OF USE RIGHTS FOR NONPAYMENT OF OTHER DEBT: If a Member is more than 90 days delinquent in paying any fee other than fines, or other monetary obligation including annual assessments and special assessments due to the Association, the Association may suspend the rights of the Member, or the Member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the Unit. A suspension may not prohibit an owner or tenant of a Unit from having vehicular and pedestrian ingress to and egress from the Unit, including, but not limited to, the right to park. The 14-day notice and opportunity for hearing provided for in subsection (b) does not apply to suspension of use rights pursuant to this subsection.
(e) SUSPENSION OF VOTING RIGHTS: The Association may suspend the voting rights of a Unit or Member for the nonpayment of any fee, fine, or other monetary obligation due to the Association that is greater than $1,000 and is more than 90 days delinquent. The 14-day notice and opportunity for hearing that applies to fines in subsection (b) does not apply to suspension of voting rights pursuant to this subsection.
The following provisions are for the benefit of holders, insurers, or guarantors of first mortgages on Residential Units in the Properties. To the extent applicable, necessary, or proper, the provisions of this Article XIV apply to both this Declaration and to the By-Laws of Tampa Palms Owners Association, Inc. Where indicated, these provisions apply only to "eligible holders," as hereinafter defined; provided, however, voting percentages set forth herein are subject to and controlled by higher percentage requirements, if any, set forth elsewhere in this Declaration for specific actions.
SECTION 1. Notices of Action. An institutional holder, insurer, or guarantor of a first mortgage, who provides written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the unit number), (therefore becoming an "eligible holder"), will be entitled to timely written notice of:
(a) any proposed termination of the Association;
(b) any condemnation loss or any casualty loss which affects a material portion of the Properties or which affects any Residential Unit on which there is a first mortgage held, insured, or guaranteed by such eligible holder;
(c) any delinquency in the payment of assessments or charges owed by an Owner of a Residential Unit subject to the mortgage of such eligible holder, insurer, or guarantor, where such delinquency has continued for a period of sixty (60) days;
(d) any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; or
(e) any proposed action which would require the consent of eligible holders, as required in Sections 2 and 3 of this Article.
SECTION 2. Other Provisions for First Lien Holders. To the extent possible under Florida law:
(a) Any restoration or repair of the Properties after a partial condemnation or damage due to an insurable hazard shall be substantially in accordance with this Declaration and the original plans and specifications unless the approval of the eligible holders of first mortgages on Residential Units to which at least fifty-one (51%) percent of the votes of Residential Units, subject to mortgages held by such eligible holders are allocated, is obtained.
(b) Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the eligible holders of first mortgages on Residential Units to which at least fifty-one (51%) percent of the votes of Residential Units, subject to mortgages held by such eligible holders, are allocated.
SECTION 3. Amendments to Documents. The following provisions do not apply to amendments to the constituent documents or termination of the Association made as a result of destruction, damage, or condemnation pursuant to Section 2 (a) and (b) of this Article XIV, or to the addition of land in accordance with Article VIII.
(a) The consent of Voting Members representing at least sixty percent (60%) of the Class “A” votes and the approval of the eligible holders of first mortgages on units to which at least sixty percent (60%) of the votes of Units subject to a mortgage appertain, shall be required to terminate the Association.
(b) The consent of Voting Members representing at least sixty percent (60%) of the Class “A” votes and the approval of eligible holders of first mortgages on Residential Units to which at least fifty-one (51%) percent of the votes of Residential Units subject to a mortgage appertain, shall be required materially to amend any provisions of the Declaration, By-Laws, or Articles of Incorporation of the Association, or to add any material provisions thereto, which establish, provide for, govern, or regulate any of the following:
(ii) assessments, assessment liens, or subordination of such liens;
(iii) reserves for maintenance, repair, and replacement of the Common Area;
(iv) insurance or fidelity bonds;
(v) rights to use of the Common Area;
(vi) responsibility for maintenance and repair of the Properties;
(vii) expansion or contraction of the Properties or the addition, annexation, or withdrawal of Properties to or from the Association;
(viii) boundaries of any Residential Unit;
(ix) leasing of Residential Units;
(x) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer, or otherwise convey his or her Residential Unit;
(xi) establishment of self-management by the Association where professional management has been required by an eligible holder; or
(xii) any provisions included in the Declaration, By-laws, or Articles of Incorporation which are for the express benefit of holders, guarantors, or insurers of first mortgages on Residential Units.
SECTION 4. Special FHLMC Provision. So long as required by The Mortgage Corporation, the following provisions apply in addition to and not in lieu of the foregoing three Sections of this Article. Unless two-thirds (2/3) of the first mortgagees or Owners give their consent, the Association shall not:
(a) by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the Common Area which the Association owns, directly or indirectly (the granting of easements for public utilities or for other public purposes consistent with the intended use of the Properties shall not be deemed a transfer);
(b) change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner;
(c) by act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance and maintenance of Residential Units and of the Common Area;
(d) fail to maintain fire and extended coverage insurance, as required by this Declaration; or
(e) use hazard insurance proceeds for any Common Area losses for other than the repair, replacement, or reconstruction of such Properties.
The provisions of this Section 4 shall not be construed to reduce the percentage vote that must be obtained from mortgagees or Voting Members where a larger percentage vote is otherwise required for any of the actions contained in this Section.
First mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on casualty insurance policies, or secure new casualty insurance coverage upon the lapse of a policy, for the Common Area and first mortgagees making such payments shall be entitled to immediate reimbursement from the Association.
Any or all of the special rights and obligations of the Declarant may be transferred to other persons or entities, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained herein, and provided further, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the Official Records of Hillsborough County, Florida. Nothing in this Declaration shall be construed to require Declarant or any successor to develop any of the property set forth in Exhibit "B" in any manner whatsoever.
Notwithstanding any provisions contained in the Declaration to the contrary, so long as construction and initial sale of Units shall continue, it shall be expressly permissible for Declarant to maintain and carry on upon portions of the Common Area such facilities and activities as, in the sole opinion of Declarant, may be reasonably required, convenient, or incidental to the construction or sale of such Units, including, but not limited to, business offices, signs, model units, and sales offices, and the Declarant shall have an easement for access to such facilities. The right to maintain and carry on such facilities and activities shall include specifically the right to use residences owned by the Declarant and the community center, if any, which may be owned by the Association, as models and sales offices.
So long as Declarant continues to have rights under this paragraph, no person or entity shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Properties without Declarant's review and written consent thereto, and any attempted recordation without compliance herewith shall result in such declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument being void and of no force and effect unless subsequently approved by recorded consent signed by the Declarant.
This Article may not be amended without the express written consent of the Declarant; provided, however, the rights contained in this Article shall terminate upon the earlier of (a) twenty-five (25) years from the date this Declaration is recorded, or (b) upon recording by Declarant of a written statement that all sales activity has ceased.
THE COUNTRY CLUB
SECTION 1. Conveyance of Country Club. All persons, including all Owners, are hereby advised that no representations or warranties have been or are made by the Declarant or any other person or entity with regard to the continuing ownership or operation of the Country Club as depicted upon the Master Land Use Plan, and no purported representation or warranty in such regard shall ever be effective without an amendment hereto executed or joined into by the Declarant. Further, the ownership or operational duties of and as to the Country Club may change at any time and from time to time by virtue of, but without limitation,
As to any of the foregoing or any other alternative, no consent of the Association, any Subdistrict, or any Owner shall be required to effectuate such transfer, even in the case of a conveyance of the Country Club to the Association, with or without consideration and subject to or not subject to any mortgage, covenant, lien, or other encumbrance on the applicable land and other property.
SECTION 2. Rights of Access and Parking. The Country Club and its members (regardless of whether such members are Owners hereunder), employees, agents, contractors, and designers shall at all times have a right and non-exclusive easement of access and use over all roadways located within the Properties reasonably necessary to travel from/to the entrance within the Properties to/from the Country Club and, further, over those portions of the Properties (whether Common Areas or otherwise) reasonably necessary to the operation, maintenance, repair, and replacement of the Country Club and its facilities. Without limiting the generality of the foregoing, members of the Country Club and permitted members of the public shall have the right to park their vehicles on the roadways located within the Common Areas at reasonable times before, during, and after golf tournaments and other approved functions held by/at the Country Club.
SECTION 3. Assessments. In consideration of the fact that the Country Club will perform certain functions within the Properties which will be of benefit to the community at large, the costs of which may not be allocable, neither the Country Club nor any of its property shall be subject to assessment hereunder or under any declaration or similar document for any association. The foregoing shall not prohibit, however, the Association from entering into a contractual arrangement with the Country Club whereby the Country Club will contribute funds for, among other things, Common Area maintenance; provided, however, no lien hereunder on the Country Club's property shall be deemed to exist as a means of enforcing any such obligations.
SECTION 4. Architectural Control. Neither the Association, the Modifications Committees, nor any Subdistrict or association or similar committee or board thereof, shall approve or permit any construction, addition, alteration, change, or installation on or to any portion of the Properties which is adjacent to, or otherwise in the direct line of sight from the Country Club for the depth of one building lot, without giving the Country Club at least fifteen (15) days' prior notice of its intent to approve or permit same together with copies of the request therefore and all other documents and information finally submitted in such regard. The Country Club shall then have fifteen (15) days in which to voice its approval or disapproval, which opinion shall be given great weight in the final decision. The failure of the Country Club to respond to the aforesaid notice within the fifteen (15) day period shall constitute a waiver of the Country Club's right to object to the matter so submitted. This Section shall also apply to any work on the Common Areas hereunder or any common areas/elements of an association, if any.
SECTION 5. Limitations on Amendments. In recognition of the fact that the provisions of this Article are for the benefit of the Country Club, no amendment to this Article, and no amendment in derogation hereof to any other provision of this Declaration, may be made without the written approval thereof by the owner(s) of the Country Club, or in the case of a corporate owner, by its board of directors. The foregoing shall not apply, however, to amendments made by the Declarant.
SECTION 6. Jurisdiction and Cooperation. It is Declarant's intention that the Association and the Country Club shall cooperate to the maximum extent possible in the operation of the Properties and the Club. Each shall reasonably assist the other in upholding the Community-Wide Standard as it pertains to maintenance and the Community Development Code and Land Use Standards.
SECTION 7. Applicability. The Country Club shall not be deemed to be an Owner or Member as those terms are defined in this Declaration and shall only be subject to the provisions of Articles IV, XI, and this Article XVI of this Declaration. The Association shall have all enforcement powers afforded by this Declaration and at law to enforce those Articles.