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

Existing Lots, such construction is in compliance with the requirements specified in Article VI, Section 1 of this Declaration; and, in the case of any additional Membership Property which is hereafter submitted to this Declaration, that such construction is in compliance with all architectural restrictions which are set forth in the Supplemental Declaration by which such additional Membership Property was submitted to this Declaration. The exemption of the Declarant from the architectural control provisions of Section 4 of this Article VI shall survive the tennination of the Class B Membership. Section 7. Advisory Committee. The Board of Directors shall be Architectural authorized to appoint advisory committee to advise it and assist it in connection an architectural with its performance of its responsibilities under Section 4 of this Article VI. The functions that may be performed by any such architectural advisory committee shall include reviewing plans and specifications, which are submitted to the Board of Directors in connection with proposals to construct or alter improvements upon the Lots and to make recommendations to the Board of Directors with respect to such plans and specifications. ARTICLE VII RESTRICTIONS In order to provide for the maximum enjoyment of the Membership Property by all of the residents and thereof, and to provide protection for the value of the same, the use of occupants the Membership Property shall be restricted to, and shall be only in accordance with, the following provisions: Section 1. Single- Family Use. Except for any Membership Property that is identified in the Supplemental Declaration that shall subject the same to the terms and provisions of this Declaration as being intended for commercial use, all of the Lots shall be restricted exclusively to residential use. The term " single- family" shall include one or more related or single- family unrelated adults, as well as the children of any such adults. No Lot which is not identified as 19 being for commercial use in the applicable Supplemental Declaration shall at any time be used for any commercial, business or professional purpose. Notwithstanding the foregoing, however, nothing set forth in this Section 1 shall prohibit: (a) the Declarant from conducting such sales, leasing and promotional activities on any Lot as said Declarant shall determine; or (b) the owner of any Lot from using a portion of a building located on such Lot as an office, provided that such use does not create regular customer or client traffic to and from such Lot and no sign, logo, symbol or nameplate identifying such business is displayed anywhere on such Lot. Section 2. Other Use Restrictions. Any Supplemental Declaration may set forth use restrictions that will apply to the additional Membership Property that shall be subjected to this Declaration as Membership Property by the Declarant's execution and recording of such Supplemental Declaration. Any use restrictions which shall be set forth in any Supplemental Declaration shall thereafter be as binding on the Membership Property which is the subject of such Supplemental Declaration as if such use restrictions were set forth in their entirety in this Declaration, and will be enforceable by the Board of Directors and the Members pursuant to the terms and provisions of this Declaration. Not all of the Membership Property will be subject to the same use restrictions. Section 3. Leasing. Lots may be leased for residential or commercial purposes only and must comply with Sections 1 and 2. " Leasing" for purposes of this Section, is defined as regular, exclusive occupancy of a Lot by any Person other than the Owner; provided, however, " leasing" shall not include exclusive occupancy by the child, parent or grandparent of an Owner. Occupancy by a roommate of an Owner who occupies the Lot as such Owner's primary residence shall not constitute " leasing." The Board shall have the power to make and enforce reasonable rules and regulations and to fine, in accordance with the Declaration and Bylaws, in order to enforce the provisions of this Section. Leasing which is authorized hereunder shall be governed by the following provisions: a) General. Lots may be leased only in their entirety; no fraction or portion may be leased without prior written Board approval. All leases shall be in writing. There shall be no of Lots or assignment of leases without prior written Board approval. All subleasing leases must be for an initial term of not less than six ( 6) months, except with written Board approval, which shall not be unreasonably withheld in cases of undue hardship. Within ten ( 10) days after executing a lease or other occupancy agreement for the lease of a Lot, the Owner shall provide the Board with a copy of the lease or agreement and the name of the lessee and all other Occupants of the Lot. The Owner must provide the lessee copies of the Declaration, Bylaws, and the rules and regulations of the Association. Nothing herein shall be construed as giving the Association the right to approve or disapprove a proposed lease or occupancy agreement; the Board' s approval or disapproval shall be limited to the form of the proposed lease. b) Liability for Assessments, Use of Area of Common Responsibility, and Compliance with Declaration, Bylaws, and Rules and Regulations. Each Owner covenants and agrees that any lease, or other occupancy agreement, of a Lot shall contain 20  contained the following language and agrees that if such language is not expressly therein, then such language shall be incorporated into the occupancy agreement by existence of this covenant, and the lessee, by occupancy of the Lot, agrees to the into the lease: applicability ,of this covenant and incorporation of the following language The i) Compliance with Declaration, Bylaws, and Rules and Regulations. lessee shall comply with all provisions of the Declaration, Bylaws, and rules and regulations adopted pursuant thereto and shall control the conduct of all other Occupants and guests of the leased Lot in order to ensure such compliance. The Owner shall cause all Occupants of his or her Lot to comply with the Declaration, Bylaws, and the rules and all regulations adopted pursuant thereto, and shall be responsible for violations by such Occupants, notwithstanding the fact that such such Occupants of the Lot are fully liable and may be sanctioned for any violation. If the lessee, or another Person occupying the Lot, violates the Declaration, Bylaws, or a rule or regulation for which a fine is imposed, notice of the violation shall be given to the Owner and the lessee, and such fine may be assessed against the lessee in accordance with the Bylaws. If the fine is not paid by the lessee within the time period set by the Board, the Owner shall pay the fine upon notice for the Association of the lessee' s failure to pay the fine. Unpaid fines shall constitute a lien against the Lot. Any violation of the Declaration, Bylaws, or rules and regulations adopted pursuant theretoby the lessee, any Occupant, or any guest of lessee, is deemed to be a default under the terms of the lease and authorizes the Owner to terminate the lease, without liability and to evict the lessee in accordance with FLORIDA law. The Owner hereby delegates and assigns to the Association, acting through the Board, the power and authority of enforcement the lessee for breaches resulting from the against violation of the Declaration, Bylaws, and the rules and regulations adopted evict the lessee as pursuant thereto, including the power and authority to attorney-in-fact on behalf and for the benefit of the Owner, in accordance with the terms hereof. If the Association proceeds to evict the lessee, any costs, including reasonable attorney' s fees actually incurred and court costs associated with the eviction shall be an Assessment and lien against the Lot. ii) Use of Area of Common Responsibility. The Owner transfers and assigns to the lessee, for the term of the lease, any and all rights and privileges that the Owner has to use the Area of Common Responsibility, including, but not limited to, the use of any and all recreational facilities and other amenities. her Lot iii) Liability for Assessments. When an Owner who is leasing his or fails to pay any annual or special assessment or any other charge for a then the period of more than sixty ( 60) days after it is due and payable, received delinquent Owner hereby consents to the assignment of any rent 21  from the lessee during the period of delinquency, and, upon request by the Board, lessee shall pay to the Association all unpaid annual and special Assessments and other charges payable during and prior to the term of the lease and any other period of occupancy by lessee. However, lessee need not make such payments to the Association in excess of, or prior to the due dates for, monthly rental payments unpaid at the time of the Board' s request. All such payments made by lessee shall reduce, by the same amount, lessee' s obligation to make monthly rental payments to lessor. If lessee fails to comply with the Board' s request to pay assessments or other charges, lessee shall pay to the Association all amounts authorized under the Declaration as if lessee were an Owner. The above provision shall not be construed to release the Owner from any obligation, including the obligation for