Fort Walton Beach Ordinance — 1811 rezone 248 brooks / baytowne view sub — reading text

be incurred by the Association during such fiscal year. The Board of Directors shall thereupon adopt a budget for the Association' s common expenses based upon such estimate and providing for the total annual assessment to be levied against the Members of the Association for such fiscal year ( the total assessment which shall be so determined and levied againstall of the Members of the Association for any fiscal year is herein referred to as the Annual Assessment"). In connection with its determination of the amount of the Annual Assessment, the Board of Directors shall also determine the amount of the Annual Expenses which, in the judgment of the Board of Directors, will benefit less than all of the Lots ( such as Annual Expenses which the Association shall incur for the provision of any services to some, but less than all, of the Lots) and the amount of the Annual Expenses which shall significantly disproportionately benefit all of the Lots. The amounts of the Annual Expenses which the Board of Directors shall determine as benefiting less than all of the Lots shall be specially assessed equitably among all of the Lots so 12 benefited, and shall be made a part of the Annual Assessment which shall be payable by the owners of the Lots so benefited. In addition, the amount of the Annual Expenses which the Association shall incur in regard to any Limited Common Area shall be specially assessed among all of the Lots which shall have the exclusive use of such Limited Common Area, and shall be part of the Annual Assessment which shall be payable by the owners of such Lots. Prior to the commencement of the fiscal year during which any Annual Assessment is to be levied, the Association shall send to each Member a copy of the budget so adopted for the Association by the Board of Directors, together with a statement setting forth both the gross amount of the Annual Assessment which shall be payable for such fiscal year and the specific amount of such Annual Assessment which shall be levied against the Lot( s) owned by such Member. Each Lot shall be liable for that share of each Annual Assessment which shall be so determined by the Board of Directors and set forth in the notice given to the owner of such Lot, as aforesaid. Notwithstanding the foregoing, however, the failure by the Association to provide to the Members the information described in this paragraph within the times required herein shall have no effect on the liability of the Members for the payment of the Annual Assessment. The amount of each Annual Assessment which shall be levied against each Lot shall be due and payable to the Association in such installments as the Board of Directors shall determine, and after notice of the same shall have been given to all of the Members, shall be paid to the Association when due without further notice. Special Assessments. If for any reason, including non- payment of any Section 5. assessments to the Association by the persons liable therefore, the budget adopted by the Board of Directors for any fiscal year shall prove to be inadequate to defray the Annual Expenses for such fiscal year, or if the Board of Directors shall determine that it is in the best interests of the Association to levy a special assessment to pay the costs of any capital improvements or capital repairs,the Board of Directors shall have the authority to levy a special assessment against the Lots and the owners thereof to raise such needed funds. In the event that the Board of Directors shall determine that the common expenses, which are to be paid with the proceeds to be raised from such special assessment, will benefit less than all of the Lots, then such special assessment shall be levied only the Lots to be so benefited. Any special assessment to be specially against levied to pay the costs of any capital improvement, which shall constitute a Limited Common Area, shall be levied specially against only the Lots that have the exclusive use of such Limited Common Area. common expenses occasioned by the conduct of less than all of those Any entitled to occupy all of the Lots or by the licensees or invitees of any such Lots or Lots shall be specially assessed against the Lot or Lots, the conduct of any occupant, licensee or invitee of which occasioned any such common expenses. Any special assessment levied by the Board of Directors to the pursuant of this Section 5 shall be payable at such times and in such provisions installments as the Board of Directors shall determine. 13 Section 6. Effect of Non- Payment of Assessments: Remedies of the Association. a) In the event that any Member of the Association shall fail to pay, within ten ( 10) days after the date the same is due and payable, any annual or special assessment, or any installment of any annual or special assessment which is payable by him to the Association, the entire amount of such assessment, including the portion thereof which would otherwise be payable in installments, may be declared by the Board of Directors to be immediately due and payable in full to the Association. As more fully provided in ~ 44- 3- 232( a) of the Act, all such amounts so declared by the Board of Directors to be due and payable in full to the Association shall be secured by the lien of the Association on every Lot owned by the delinquent Member, which lien shall bind such Lot or Lots in the hands of the then owner, and his heirs, devisees, successors and assigns. b) The owner of the Lot against which such assessment was made shall be personally obligated to for the payment of the entirety of such the Association assessment, and such Lot shall be subject to the lien for the same. In addition, the personalobligation of such Lots owner and the lien against such Lot shall include: i) A delinquency charge in the amount of the greater of either ten dollars 10. 00) or ten percent ( 10%) of the amount of the assessment for which such Lot and the owner thereof shall be liable; ii) Interest on the amount of such assessment and the delinquency charge from the date the same was first due and payable at the lower of the rate of ten ( 10%) percent per annum or the highest rate permitted by law; iii) All costs incurred by the Association in connection with the collection of the amounts owed, including courts costs, the expenses incurred by the Association for the protection and preservation of the Lot, and reasonably attorneys' fees actually incurred; and iv) The fair rental value of the Lot from the time of the institution of an action for collection of the amounts owed in regard to such Lot until the sale of the Lot at foreclosure or until judgment rendered in the action is otherwise satisfied. ARTICLE VI ARCHITECTURAL RESTRICTIONS AND ARCHITECTURAL CONTROL Section I. Architectural Restrictions Applicable to Existing Lots. a) No building shall be constructed on any Existing Lot unless such building' s finished floor elevation is at least one foot above the flood plain. 14 b) No home or residence may be built on any lot in the subdivision with less than 1, 800 square feet of heated and cooled area. c) No building shall be constructed on any Existing Lot unless either: ( i) such building contains a one car garage, or ( ii) simultaneously with the construction of such building, a detached one car garage which shall have been approved by the Board of Directors pursuant to the provisions of Article VI, Section 4 of the Declaration shall also be constructed on such Lot to serve such building. Every garage, which shall be constructed on every Existing Lot ( whether contained within- a building or constituting a free standing structure), shall be required to have a garage door that will totally conceal the opening to such garage. i) On all existing lots or any future lots where a sidewalk is required or installed by the Developer or the property owner the building contractor must mark the position of the driveway with stakes and saw cut the sidewalk in this area. This saw cut area must be used for all construction traffic to and from the lot. The sidewalk outside of this area should be blocked in some manner, such as stakes and tape, string or ribbon. If any portion of the sidewalk is damaged, the lot owner or contractor shall replace the entire damaged section up to the undamaged control joints. The amount of damage and method of repair shall be determined solely by the Developer or the Architectural Review Board. ii) No structure other than a fence shall be constructed, placed or installed upon any Existing Lot, in a location that encroaches beyond any front, side or rear building setback line, which is depicted on the Subdivision Plat. No fence shall be constructed or erected upon any Existing Lot in any location other than entirely in the rear of the building that is located on such Existing Lot without the consent of the Board of Directors. All fences must have prior approval or same may be removed at property owners expense and property owner may have a fine imposed as set by the Property Owners Association and/or the Architectural Advisory Committee for such violation( s). iii) The ceilings of all rooms in all heated and cooled areas of the structure must be a minimum of eight ( 9) feet above the floor. iv) The time frame for completed construction on any residence shall be twelve (12) months from the day construction begins. If construction is not completed as stated herein, Developer will have the right and option to have the residence completed per the originally approved plans and specifications and charge the property owner a reasonable rate for the construction plus twenty- five percent ( 25%) of the total costs as a contractor' s fee. 15  Section 2. Architectural Restrictions Applicable to Additional Membership Property. It is the intent of the Declarant for the development of the Bay Towne View Estates community that different portionsof the Membership Property will be subject to different architectural restrictions, even though the architectural restrictions to which any part of the Membership and Property will be subject to will be enforced by the Board of Directors pursuant to the tenns provisions of this Declaration~ Not all of the Membership Property will be subject to the same architectural restrictions. Each Supplemental Declaration will set forth the architectural restrictions that will apply to the additional Membership