The Woodlands of Stuart

Covenants

These are the existing covenants (the original covenants from the developer) that were reinstated.


LAMAY LAND, INC.

A Florida corporation

To The Public

DECLARATION OF PROTECTIVE COVENANTS

COVERING ALL, OF

THE WOODLANDS, a Subdivision according to the Plat thereof filed April 7, 1980 and. recorded in Plat Book 8, Page 24, Public Records of Martin County, Florida.

THIS DECLARATION, made this 16 day of April 1980, by LAMAY LAND, INC., a Florida corporation, hereinafter referred to as "Developer':

 W I T N E S S E T H

 WHEREAS, the property above-described is generally known as "THE WOODLANDSU which is a trade name for the Developer only as pertains to the foregoing property, For the purposes of this

Declaration of Restrictions, the term or name "THE WOODLANDS" shall mean and refer to all of the foregoing property: and

WHEREAS, the Developer is the owner in fee simple of all the described in Article I of this Declaration; and

WHEREAS, Developer desires to provide for the preservation of the value and amenities of the property and to provide for the following: (a) operation and maintenance of common streets and parking areas not otherwise dedicated for use or maintained by an owner; and (c) maintenance and preservation of natural areas; and, to this end, desires to subject the real property in THE WOODLANDS to the covenants, restrictions, easements, charges and liens, hereinafter get forth, each and all of which is and are for the benefit of the said property and each owner thereof; and

WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities of THE WOODLANDS, to incorporate under the laws of the State of Florida, as a non—profit corporation, THE WOODLANDS OWNER ASSOCIATION, INC., for the purpose of assigning and delegating to the powers of operating and maintaining the overall drainage system; maintaining any common streets and parking areas not otherwise for public use or maintained by an owner; and maintaining and preserving the natural areas, and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created.

NOW, THEREFORE, the Developer declares that all of the real property described In Article I is and shall be held, transferred, sold, conveyed occupied subject to the covenants and restrictions, easements, charges and liens (sometimes hereinafter referred to as "covenants and restrictions") hereinafter set forth,


 

Article I

Property Subject to this Declaration

The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this declaration is described as follows:

THE WOODLANDS, a subdivision according to the plat thereof filed April 7, 1980 and recorded in Plat Book 8, page 24, Public Records of Martin County, Florida.

Article II

Section 1. The following words, when used in this declaration or any Supplemental Declaration (unless the context shall prohibit), shall have the following meanings:

“Association” shall mean and refer to the WOODLANDS OWNERS ASSOCIATION, INC. a Florida corporation not-for-profit.
“Developer” shall mean and refer to LAMAY LAND, INC. a Florida corporation, its successors and assigns.
“THE WOODLANDS” shall refer to all of the real property described in Article I hereof.
“Owner”, shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot, tract, or parcel in THE WOODLANDS, but shall not mean or refer to any mortgagee unless and until such mortgagee has acquired title to such property pursuant to foreclosure or any proceeding in lieu of foreclosure.
“Common Area” shall mean and refer to all real property owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association is described as follows:

streets and parking areas not otherwise dedicated for public use or maintained by an Owner;
drainage system, swales, ditches and lake; and
park and undeveloped natural areas not otherwise titled to an Owner.

Article III

Conveyances Made by Developer

Whether or not provision therefore is specifically stated in any conveyances made by Developer of any lot, tract or parcel in The Woodlands, the Owner or occupant of such property by acceptance of title thereto or by tracking possession thereof, covenants and agrees to all of the provisions of this Declaration of Protective Covenants.

Article IV

Use Restrictions

The land described in Article I shall be used for residential purposes only and for the erection and maintenance of single-family residential dwellings. Each lot in the Woodlands, and any lot enlarged or recreated by the shifting of the location of the side property lines is restricted to any use for purpose permitted by laws, ordinances and regulations of governmental authorities, bodies or agencies having jurisdiction over said property use or purpose and by this Declaration of Protective Covenants, as then amended. The Developer shall have the privilege, for the period during which it is selling lots, of having ”For Sale” of a suitable nature in The Woodlands.

  
ARTICLE V

Trash Nuisance

 NO weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon any lot, tract or parcel in THE WOODLANDS, and no refuse pile or unsightly objects, other than on property under development by the Owner, shall be allowed to be placed or permitted to remain anywhere thereon, and in the event that the Owner or occupant of any property shall fall or refuse to keep said property free of weeds, underbrush or refuse piles or other unsightly growths or objects, then the Developer or the Association may enter upon said lands and remove the same at the expense of the Owner or occupant and such entry sham not be deemed a trespass.

 
ARTICLE VI

Offensive Activities

No noxious trade or activity shall be carried on an THE WOODLANDS, nor shall anything be done in THE WOODLANDS which may be or become an annoyance or nuisance by reason of unsightliness or the excessive emission of odors, dust, fumes, smoke or noise. The discharge of waste or the dumping of trash into the overall drainage system, or any part thereof, in THE WOODLANDS shall not be permitted.

 
ARTICLE VII

Easements

A permanent and irrevocable easement and right—of-way over, upon and across each lot, parcel and tract in THE WOODIANDS, is retained by the Developer and/or the Association for the operation, service and maintenance of the drainage swales, ditches and lake which form the overall drainage system and other common areas of and for "WE WOODLANDS. Upon approval by the necessary governmental authorities, bodies or agencies of a plot plan for the use or development of any lot, tract or parcel, the Developer and/or the Association agrees to limit or restrict the easement and right-of-way to the drainage system described on such plan. A permanent and irrevocable easement is likewise given and granted to any utility which shall, by separate agreement or by law, have the right or obligation to provide utility services to any such lands, to install, repair and maintain their utility lines within the right-of—way of any road or specific utility easement and the easements herein referred to shall continue in perpetuity, notwithstanding any provisions of this Declaration regarding termination of the provisions hereof.

 
ARTICLE VIII

Telephone and Electric Power Underground Service

All. electric transmission and distribution lines, communication lines and cable television service both within the streets and utility easements and within the lots, parcels and tracts shall be underground.

 
ARTICLE IX

Drainage

The elevation and grades OE any lot, parcel or tract in THE WOODLANDS, shall not be changed in such a way as to cause flooding of adjoining lands or the settling or breaking of structures on adjoining lands due to loss of support. Nor shall the elevation and grades be altered or changed nor shall any improvements be made which would cause the Operation of the drainage swales, ditches or lake to be Impaired or obstructed.


ARTICLE X

Lot Sizes and Areas

The front yard shall be not less than fifty (50) feet measured from the street right-of-way to the exterior wall of any dwelling. The rear yard shall be not less than fifty (50) feet measured from the rear exterior wall to the rear property line. The side yard on both sides of the dwelling shall be not less than twenty-five 25) feet. All measurements shall be made from the point of the exterior wall nearest to the applicable boundary provided, however, that in the event a pool, deck, patio or pool enclosure is attached or adjacent to the rear exterior wall, then the measurement shall be from the most rear point of said pool, deck, patio or pool enclosure to the rear boundary line, several lots owned by the game natural person may be deemed to be one lot for the purpose of applying these restrictions.

 
ARTICLE XI

Boats and motor Vehicles

No boats, trucks, recreation vehicles or other motor vehicles, except four-wheel passenger automobiles, shall be placed, parked or stored upon any lot unless within a fully-enclosed garage, except service or construction companies using trucks in the normal course of their business, nor shall any maintenance or repair be performed upon any boat or motor vehicle upon any lot, except within a enclosed garage

 
ARTICLE XII

Automobile Storage Areas

No carports shall be permitted and all garages shall be attached and shall be at least twenty (20) feet wide by twenty (20) feet deep. All garages must have doors to be maintained in a useful and operating condition. This restriction shall not apply in the event the first floor living area of a residence is at least eight (8) feet above the building pad elevation and the residence is designed to accommodate vehicular parking entirely beneath the living area.

 
ARTICLE XIII

Clothes Drying Area

NO portion of any lot (except any fully enclosed area of any dwelling constructed thereon) shall be used as a drying or hanging area for laundry of any kind, it being the intention hereof that all such facilities shall be provided within the dwelling to be constructed on each lot.

 
ARTICLE XIV

Landscape Irrigation

Each single family dwelling constructed on a lot shall have an underground sprinkling system of sufficient size and capacity to irrigate ail sodded areas and the system must be installed and maintained in good working order.

 

 ARTICLE XV

Garbage and Refuse Disposal

No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage or other waste shall be kept in proper sanitary containers located in appropriate areas concealed from public view.

 
Article XVI

Signs

No sign of any kind shall be permitted on any lot except a small sign showing the name of the owner of the number of the home or a sign not larger than two (2) feet in length by two and one-half (2 ½) feet in width advertising the lot for sale.

 
Article XVII

Building Size

No building erected on the land described in ARTICLE I shall exceed thirty-five (35) feet in height as measured from the crown of the road on which the dwelling faces except chimneys, flagpoles and similar structures can be erected to the height permitted by applicable zoning ordinances. No dwelling shall be constructed which has less than a total living area of one thousand six hundred (1,600) square feet exclusive of terraces, unroofed area, patios and open porches.
 

Article XVIII

Roof Design

There shall be no exposed flat roofs nor roof pitches of less than four (4) feet in twelve (12) feet except porches, patios and flared eaves. The minimum roof overhang shall be twenty-four (24) inches and all asphalt shingles shall have a minimum weight of three hundred (300) pounds.

 
ARTICLE XIX

Window Air Conditioning Units

No window or wall air conditioning units shall be permitted.

  
Article XX

Fences, Hedges or Walls

No concrete, cement, metal or plastic walls or fences shall be permitted on any lot or boundary thereof. Wooden fences and/or hedges of natural vegetation are permitted provided the height of same, at all times does not exceed six (6) feet.

 
ARTICLE XXI

Oil and Mining Operations

No oil drilling, oil development operations, refining, quarrying or mining operations of any kind shall be permitted upon or in any parcel, nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon or in any parcel. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any parcel.

 
Article XXII

Exterior and Yard Maintenance

The exterior finish of any structure on any lot shall be at all times maintained in good condition and repair, including any painted finishes. In addition, all yard areas and any plantings thereon shall be kept in a clean, net and well-appearing condition, in accordance with reasonable standards of garden care and horticulture.

 
Article XXIII

Owners’ Obligation to Rebuild

If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the owner thereof, with all due diligence, to rebuild, repair or reconstruct such residence in a manner which will substantially restore it to the condition immediately prior to the casualty. Reconstruction shall be undertaken within three (3) months after the damage occurs, and shall be completed within six (6) months after the damage occurs, unless prevented by causes beyond the control of the owner.

 
ARTICLE XXIV

The Woodlands Owners Association Inc,

Section 1. Membership. All Owners as defined in Article I hereof shall automatically be members of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot, parcel or tract which is subject to assessment.

Section 2. Voting Rights. The Association shall have only one (1) Class of voting membership and each owner, including the Developer, shall be entitled to one (1) vote for each lot owned in THE WOODLANDS, provided that where a title to any lot is vested in two or more persons or entities, the vote for such ownership shall be exercised as they among themselves determine. but in any event only one vote may be cast with respect to each lot. The Developer shall retain control of the Association until at least thirty—seven (37) lots within THE WOODLANDS have been transferred to Owners or until. three (3) years from the date of the filing with the Secretary of State of Florida the Charter of The Woodlands Owners Association Inc. or until such time as the Developer elects to terminate its control of the Association, whichever shall     first occur.

Section 3. Other Rights and Obligations. Each member also shall have the rights, privileges and obligations of membership in the Association as the same are prescribed in the Articles of Incorporation and By-Laws of the Association as they may be constituted from time to time. In the event of any inconsistancies at any time between the provisions of this Declaration of Protective Covenants and the provisions of said Articles and By—Laws, the provisions of this Declaration shall govern.

 ARTICLE XXV

Covenant for Maintenance Assessments

Section 1. Creation of the Lien. Each Owner, including the Developer, of any lot, parcel or tract in THE WOODLANDS, whether or not it shall be so expressed in any such deed or other conveyance, deemed to covenant and agree to pay to the Association annual assessments or charges to be fixed, established and collected from time to time as hereinafter provided, The annual assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made.

Section 2. Purpose of Assessment. The assessment levied by the Association shall be used exclusively for the purpose of maintenance of the streets and parking areas not dedicated to public use; maintenance and operation of the drainage swales, ditches and lake and maintenance and preservation of common natural areas in THE WOODLANDS.

Section 3. Amount and Payment of Annual Assessments. Commencing July 1980, and on the game day of each year thereafter, each Owner, including the Developer, shall pay to Association, on or before such date, the amount of the assessment or assessments, as provided for hereinafter, against his property. The amount of the assessment shall be fixed by the Board of Governors of the Association at least thirty (30) days in advance of said July 1, on which date the assessment shall be due and payable. Written notice of the assessment shall thereupon be given to every Owner subject to the assessment. Such notice shall be to have been deemed to have been given if is deposited postage paid in the United States mails addressed to the name or names and address under which the property in question Is listed on the records of the Association or in the office of the Martin county property Appraiser. The amount of the annual assessment may be changed from year to year by the Board of Governors as the needs of THE WOODLANDS, in its judgment, may require. In the event that an Owner acquired title to a lot from the Developer after July 1980 of any year, the amount of the assessment against that Lot shall be reduced for the year in question (July 1 through June 30) and shall be an amount which bears the same relationship to the annual assessment fixed for that fiscal year as the remaining number of months in that fiscal year bear to twelve. Such reduced assessment shall be due and payable on date on which Owner acquired title.

Section 4. Certificate of Payment. The Association shall upon demand at any time furnish to any Owner a certificate in writing signed by an officer of the Association, getting forth whether any assessments made against his property or properties have been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Section 5. Effect of Nonpayment of Assessment: The Lien: Remedies of the Association. If an assessment is not paid on the date when due (being the dates specified in Section 3 hereof) then such assessment shall be considered delinquent. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of the delinquency at the rate of ten percent (10%) per annum and the Association may place the assessment in the hands of an attorney for collection and the Association may bring suit to foreclose the lien in the same manner as mortgages. There shall be added to the of such delinquent assessment: interest on the assessment as above provided, reasonable Attorney's fees and costs incurred with respect to the enforcement of said lien.

Section 6. Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, re— construction, repair or replacement of a capital improvement upon the common area, including fixtures and personal property related hereto, provided that any such assessments shall have the vote or written assent of fifty—one percent (51%) of each class of members

Section 7.     Subordination of the Lien to Mortgages. The liens of the Association against any lot, parcel or tract shall be subordinate to any first mortgage for the benefit of or better security of such first mortgage.

 
ARTICLE XXVI

Remedies for Violations

In the event of a violation or breach of any of these covenants and restrictions by any person or entity claiming by, through or under the Developer, or by virtue of any judicial proceedings, the Developer, and the Owners of any lot, parcel or tract: in THE WOODLANDS, or any of theme jointly and severally, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation of breach of any of them, or for money damages. In such event, said Developer and/or Owner or Owners shall be entitled to reasonable attorney's fees and costs incurred with respect to the enforcement of said covenants and restrictions. In addition to the foregoing right, the Developer shall have the right, whenever there exists on any lot, parcel or tract in THE WOODLANDS any impediment or obstruction to the drainage system, or portion thereof to enter upon the property where such impediment or obstruction exists and summarily abate or remove the same at the expense of the Owner, and such entry and abatement or removal shall not be deemed a trespass. The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. The Invalidation by any court of any of the covenants and restrictions herein contained shall in no way affect any of the other covenants and restrictions, but they Shall remain in full force and effect.

 
ARTICLE XXVII

Additions to and Modifications of Existing

Covenants and Restrictions

The Developer may include in any contract or deed hereafter made any additional covenants and restrictions; provided, however, that any such additional covenants and restrictions shall be applicable only to that lot, parcel or tract therein conveyed.

The Developer may, in its sole discretion, modify, amend abrogate, add to, or derogate from the covenants and restrictions applicable to THE WOODLANDS. Any such additional covenants and restrictions for modifications or amendments thereto shall not:

affect the lien of any mortgage then encumbering any of the properties within THE WOODLANDS,
affect the rights and powers of any such mortgagee, nor
(iii) be applicable to any prior conveyance without the written consent or joinder of any prior grantee.

 
ARTICLE XXIII

Duration OE Covenants and Restrictions

The foregoing covenants and restrictions which shall be binding upon all Owners, their heirs and assigns, shall constitute an easement and servitude in and upon the lands conveyed in THE WOODLANDS running with the land and shall be deemed for the benefit of all the land in the Association; and they shall be and remain in full force for twenty— five (25) years from the date of filing in the Public Records of Martin County, Florida. Said covenants and restrictions shall, upon the expiration of the 25—year period, be automatically extended for successive periods of ten (10) years each unless by vote of a majority of the then Owners of the lots, parcels or tracts of WOODLANDS it agreed to change them in whole or in part., provided, however, that in the event of termination, provision be made for operation and maintenance of the drainage system as may be required by the appropriate local, state and Federal governmental authorities.

 
ARTICLE XXIX

Developer May

The Developer may assign any and all of its rights, powers, obligations and privileges under this instrument to “The Woodlands Owners Association, Inc.” or to any other corporation, association or person.

 
ARTICLE XXX

                          Restrictions Uniform

The foregoing restrictions shall be applicable to all lots, parcels and tracts in THE WOODLANDS.

 
ARTICLE XXXI

Severability

Invalidation of any one of these Covenants and Restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect.

 
ARTICLE XXXII

Governing Law

Declaration and any amendments hereto shall be construed, interpreted, and governed by the laws of the State of Florida.

 
ARTICLE XXXIII

Effective Date

This Declaration shall become effective upon recordation the Public Records of Martin County, Florida,

IN WITNESS WHEREOF, LAMAY LAND, a Florida corporation, has caused these presents to be signed in corporate name by duly authorized corporate officers and its corporate seal to be hereunto affixed, all on the day and year first forth above.


..............................................................................................................................................



Revised Covenants from 2015 to be used as the starting document for the upcoming revisions.

                        

            THIS AMENDED AND RESTATED DECLARATION is made the 18th day of April,   2015, by The Woodlands Owners Association, Inc. a Florida corporation, hereinafter referred to as “Association”.  THE WOODLANDS, is a Subdivision according to the Plat thereof filed April 7, 1980 and recorded in Plat Book 8, Page 24, Public Records of Martin County, Florida.; The  original Declaration was  recorded in OR Book 493, Pages 2610 et seq. of the Public Records of Martin County, Florida.

 
The property above-described is generally known as “THE WOODLANDS’.  For purposes of this Amended and Restated Declaration of Covenants and Restrictions, the term or name ‘THE WOODLANDS’ or THE ‘ASSOCIATION’ shall mean and refer to all of the foregoing property.   

 
            WHEREAS, the Association desires to provide for the preservation of the value and amenities of the property and to provide for the following:  (a) operation and maintenance of any common streets and parking areas not otherwise dedicated for public use or maintained by an owner; and  (c) maintenance and preservation of natural areas; and, to this end desires to subject the real property in THE WOODLANDS to the covenants, restrictions, easements, changes and liens, hereinafter set forth, each and all of which is and are for the benefit of the said property and each owner thereof;  and

 
            WHEREAS,  the Association has deemed it desirable, for the efficient preservation of the values and amenities of THE WOODLANDS, to incorporate under the laws of the State of Florida, as a non-profit corporation, THE WOODLANDS OWNERS ASSOCIATION, INC., for the purpose of assigning and delegating to it the powers of operating and maintaining the overall drainage system; maintaining any common streets and parking areas not otherwise dedicated for public use or maintained by an owner; and maintaining and preserving the natural areas, and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created.

 
WHEREAS it is now and has always been the province of the Legislature to amend, repeal, and enact Statutes and this fact is now and has always been common knowledge that Statutes are subject to change by the Legislature and no reasonable person or entity can justifiably rely that Statutes will remain in the their current form; and

 
WHEREAS the Legislature was aware of the competing interests of lienors in the real property subjected to Homeowner’s Associations when it enacted Fla. Stat. Chapter 720; and

 
 
WHEREAS all such amendments thereto enacted to Chapter 720, would apply to  all mortgages recorded after it’s initial enactment as no mortgagee could justifiably rely that the statute would not be amended, and all such amendments would,  therefore, be deemed to have amended any contrary provision in the Declarations and Bylaws by operation of the law and such amendments shall be binding on all parties taking title to properties governed by the Declaration  including all present or future third party beneficiaries to the Declaration and to the extent such amendments to the Statute will continue to occur in the future the Association seeks to ensure that conflicts between the Statute and the governing documents protect the Association, and that in  the event of conflict between the Declarations and the amended version of the Statutes, the provision most favorable to the Association shall control unless the Statute expressly forbids the provision; and

 
WHEREAS All parties and beneficiaries of the Declaration including third party beneficiaries are charged with knowledge that the governing documents and the Statutes may be so amended and may not justifiably rely that they will remain in their current form; and

 
WHEREAS the interests of the Developer upon which the original Declaration was recorded are no longer present and the Association has been turned over to the members and the Association seeks to update its documents to reflect the maximum protections provided to the Association to the extent they are not expressly prohibited under the Statutes; and

 
WHEREAS the Florida Legislature enacted and amended Florida Statute 720.3085 which encompassed protections for Homeowner’s Associations rights to collect assessments, which protections preclude forfeiture of those unpaid assessments on foreclosure of a first mortgage and also enacted amendment to that Statute expressly setting forth that the Association does not fall within the definition of a prior owner for purposes of joint and several liability between a current owner and a prior owner and the Association desires to avail itself of these  protections and expressly adopts the exclusion of the Association as a prior owner or previous owner for purposes of joint and several liability ; and
 

WHEREAS the Statute sets forth that the purchaser at sale is liable for all unpaid regular periodic and special assessments and the Association desires to avail itself of similar protections and expressly adopts those amounts that came due for special assessments, interest, late charges and attorney’s fees as said amounts are not expressly prohibited by the Statute; and

 
WHEREAS the Statute provides a limitation on the liability of a first mortgagee (as defined in the Statute) at sale to the lesser of the amounts that came due in the 12 months prior to the Certificate of Title or 1% of the original mortgage (under limited circumstances) but retained the protections for the Associations for all unpaid amounts as against any other purchaser at sale; and

 
WHEREAS the Declarations, and Bylaws referenced above stand in conflict with any version of the Statute and the ASSOCIATION is no longer governed by the Developer’s interest or concerns;  and

  

WHEREAS the Supreme Court of Florida recently amended the Civil Rules regarding foreclosures and promulgated a form judgment, Form 1.996  which expressly recognizes the  public policy in favor of  Associations during foreclosures and the non-dischargeability of interests under Fla. Stat. Chapter 720 in a foreclosure matter; and

 

WHEREAS pursuant to the terms of the Declarations and Bylaws they  may be amended  upon approval of  more than  50% vote of the eligible voting interests at a duly noticed meeting;  and

 

WHEREAS the amendment(s)  have been approved by more  than 50% of the eligible voting interests which approval was given  at a duly noticed special meeting on the amendment(s); and

 

WHEREAS the notice, quorum, and proxy requirements as set forth in the Declarations and Bylaws for the special meeting were observed.  It is therefore:

  

            RESOLVED , that the Association declares that all of the real property described in Article I is and shall be held, transferred, sold, conveyed occupied subject to the covenants, restrictions,  easements, charges and liens (sometimes hereinafter referred to as “covenants and restrictions”) hereinafter set forth as the Amended and Restated Declaration of Covenants and Restrictions for the Woodlands.

 
 

ARTICLE I
 
Property Subject to this Declaration

             The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is described as follows:

             THE WOODLANDS, a Subdivision according to the Plat thereof filed April 7, 1980 and recorded in Plat Book 8, Page 24, Public Records of Martin County, Florida.

 
    ARTICLE II

 Section l.  The following words, when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit), shall have the following meanings:

  “Association” shall mean and refer to THE WOODLANDS OWNERS ASSOCIATION, INC., a Florida corporation not-for-profit.

 
‘THE WOODLANDS” shall mean and refer to all of the real property described in Article I hereof.

 
“Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot, tract, or parcel in THE WOODLANDS, but shall not mean or refer to any mortgagee unless and until such mortgagee has acquired title to such property pursuant to foreclosure of any proceeding in lieu of foreclosure.

 
“Common Area” shall mean and refer to all real property owned by the Association for the common use and enjoyment of the Owners.  The Common Area to be owned by the Association is described as follows:  (a) streets and parking areas not otherwise dedicated for public use or maintained by an owner; (b) drainage system, swales, ditches and lake; and (c) the park and undeveloped natural areas not otherwise titled in an owner.
 

 All existing structures, fences or improvements installed prior to the adoption of these revised covenants will be considered exempt and compliant.  In the event that said structure, fence or improvement is damaged beyond repair, before any replacement is made, application to the Architectural Review Committee must be submitted to ensure compliance with said covenants.  No owner, who either, a) makes a change to their parcel or b) takes title to their parcel, after the date of this Amended and Restated Declaration may install any non-compliant improvements, claim entitlement to a similar exemption or variance, or claim exemption from any use requirements on the basis of selective enforcement or on the basis that any grandfathered owner has been made exempt by this section.

 
ARTICLE III

Conveyances-Submission of Property to Declaration

            Whether or not provision therefore is specifically stated in any conveyances made by any Owner of any lot, tract or parcel in THE WOODLANDS, the Owner or occupant of such property by acceptance of title thereto or by taking possession thereof, or any Owner voting in favor of the these Amended and Restated Declarations, covenants and agrees that they and their property shall be subject to all of the provisions of this Amended and Restated Declaration of Protective Covenants.

 
ARTICLE IV

     Use Restrictions

             The land described in Article I shall be used for residential purposes only and for the erection and maintenance of single-family residential dwellings.  Each lot in THE WOODLANDS, and any lot enlarged or recreated by the shifting of the location of side property lines is restricted to any use or purpose permitted by laws, ordinances and regulations of governmental authorities, bodies or agencies having jurisdiction over said property use or purpose and by this Declaration of Protective Covenants, as then amended. 

 
ARTICLE V

             Trash Nuisance

             No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon any lot, tract or parcel in THE WOODLANDS.  No refuse pile, unsightly objects, or outside storage in violation of any municipal codes shall be allowed to be placed or permitted to remain anywhere thereon.  In the event that the Owner or occupant of any property shall fail or refuse to keep said property free of weeds, underbrush, refuse piles, other unsightly growths or objects, or storage in violation of municipal codes, the Association may enter upon said lands and remove the same at the expense of the Owner or occupant and such entry shall not be deemed a trespass. Said charge shall be an assessment against the lot.

 
ARTICLE VI

         Offensive Activities

             No noxious trade or activity shall be carried on in THE WOODLANDS, nor shall anything be done in THE WOODLANDS which may be or become an annoyance or nuisance by reason of unsightliness or the excessive emission of odors, dust, fumes, smoke or noise. No vehicles or other items shall be permitted to be placed for sale in the front of the community property.  The discharge of waste or the dumping of trash into the overall drainage system, or any part thereof, in THE WOODLANDS shall not be permitted.

 
ARTICLE VII

        Easements

             A permanent and irrevocable easement and right-of-way over, upon and across each lot, parcel and tract in THE WOODLANDS is retained by the Association for the operation, service and maintenance of the drainage swales, ditches and lake which form the overall drainage system and other common areas of and for THE WOODLANDS.  Upon approval by the necessary governmental authorities, bodies or agencies of a plot plan for the use or development of any lot, tact or parcel, the Association agrees to limit or restrict the easement and right-of-way to the drainage system described on such plan.  A permanent and irrevocable easement is likewise given and granted to any utility which shall, by separate agreement or by law, have the right or obligation to provide utility services to any such lands, to install, repair and maintain their utility lines within the right-of-way of any road or specific utility easement and the easements herein referred to shall continue in perpetuity, notwithstanding any provisions of this Declaration regarding termination of the provisions hereof. The maintenance responsibility and expenses of the Lake Lamay drainage easement areas shall be the responsibility of:
 

The Association for all areas lying within the boundaries of the easement established by the center line to the high water mark of the easement; and

 
The adjacent homeowner for all areas abutting the easement area. The homeowner must maintain all portion(s) of their lots adjacent to and abutting the easement boundary in such that their lot and any runoff , vegetation, structure, or condition existing on said lot  does not impede, restrict, or otherwise cause debris or any other interference with the drainage easement and its proper functioning.

 
 Should the homeowner refuse or otherwise fail to perform said maintenance, the Association shall have the right, but not the obligation, to enter said lot and performs such maintenance at the owner’s expense with said charge being deemed an assessment against said lot.
 

ARTICLE VIII

    Underground Utility Service

            All electric transmission and distribution lines, communication lines and cable television service both within the streets and utility easements and within the lots, parcels and tracts shall be underground. This shall include propane tanks supplying fuel to houses or machinery.

 
ARTICLE IX

Drainage

            The elevation and grades of any lot, parcel or tract in THE WOODLANDS, shall not be changed in such a way as to cause flooding of adjoining lands or the settling or breaking of structures on adjoining lands due to loss of support.  Nor shall the elevation and grades be altered or changed nor shall any improvements be made which would cause the operation of the drainage swales, ditches or lake to be impaired or obstructed. It shall be the responsibility of each homeowner to keep the culverts clear of debris and to keep drainage easements clear of trees, shrubs, weed overgrowth and other impediments to drainage

 
ARTICLE X

Lot Sizes and Areas

            The front yard shall be not less than fifty (50) feet measured from the street right-of-way to the exterior wall of any dwelling.  The rear yard shall be not less than fifty (50) feet for lake lots and twenty-five (25) feet for non-lake lots measured from the rear exterior wall to the rear property line.  The side yard on both sides of the dwelling shall be not less than twenty-five (25) feet.  All measurements shall be made from the point of the exterior wall nearest to the applicable boundary line, provided, however, that in the event a pool, deck, patio or pool enclosure is attached or adjacent to the rear exterior wall, then the measurement shall be from the most rear point of said pool, deck, patio or pool enclosure to the rear boundary line.  Several lots owned by the same natural person may be deemed to be one lot for the purpose of applying these restrictions.



 ARTICLE XI

     Boats and Motor Vehicles

No boat, longer than twenty-five (25) feet will be permitted. Maximum of one (1) permitted boat per lot, provided that

Boats must be parked within a fully enclosed garage; or

 On the side of the lot and wholly within the area on the side of the house falling         within the boundaries described as, (i) to the rear of the front extended boundary of the front façade of the house and (ii) to the front of the rear extended boundary of the   rear façade of the house, preferably screened from view

.No commercial vehicles shall be placed, parked or stored upon any lot unless within a fully enclosed garage, nor shall any maintenance or repair be performed upon any boat or motor vehicle upon any lot, except within a fully enclosed garage.

No Recreational Vehicles (RV’s) may be stored on any lot except

 RV’s must be parked within a fully enclosed garage; or

On the side of the lot and wholly within the area on the side of the house falling within the boundaries described as, (i) to the rear of the front extended boundary of the front façade of the house and (ii) to the front of the rear extended boundary of the rear façade of the house preferably screened from view.
        
No trailers of any sort may be stored on any lot except

 Trailers  must be parked within a fully enclosed garage; or

On the side of the lot and wholly within the area on the side of the house falling within the boundaries described as, (i) to the rear of the front extended boundary of the front façade of the house and (ii) to the front of the rear extended boundary of the rear façade of the house, preferably screened from view.

 
ARTICLE XII

     Storage Areas

Automobile.  No carports shall be permitted and all attached garages shall be at least twenty (20) feet wide by twenty (20) feet deep.  All garages must have doors to be maintained in a useful and operating condition.
Other.  All other additions or changes to the exterior of any parcel, lot, or home, must be approved in advance by the Architectural Review Committee.

 
ARTICLE XIII

          Clothes Drying Area

            All laundry facilities shall be provided within the dwelling that is constructed on each lot. Any outdoor clothes drying area must be in the rear of the building or concealed from public view.
 

ARTICLE XIV

         Landscape Irrigation

             Each single family dwelling constructed on a lot shall have an underground sprinkling system of sufficient size and capacity to irrigate all sodded areas and the system must be installed and maintained in good working order. An exception will be allowed for a certified xerophilous landscape planting with certification provided by the homeowner from a recognized authority in order to obtain exemption.

 
ARTICLE XV

 Garbage and Refuse Disposal

             No lot shall be used or maintained as a dumping ground for rubbish.  All trash, garbage or other waste shall be kept in proper sanitary containers located in appropriate areas concealed from public view.

 
ARTICLE XVI

Signs

            No sign of any kind shall be permitted on any lot except a small sign showing the name of the Owner or the number of the home or a sign not larger than two (2) feet in height by two and one-half (2 ½) feet in length advertising the property for sale.

 
ARTICLE XVII

        Building Size

No dwelling erected on the land described in Article I shall exceed thirty-five (35) feet in height as measured from the crown of the road on which the dwelling faces except chimneys, flagpoles and similar structures can be erected to the height permitted by applicable zoning ordinances.  No dwelling shall be constructed which has less than a total living area of two thousand (2,000) square feet under air, exclusive of terraces, unroofed areas, patios and open porches. Maximum dwelling size is six thousand (6,000) square feet under air. In the event of the destruction of an existing dwelling by fire, storm, or act of God, the original owner may rebuild the dwelling at no less than original square footage.
 

ARTICLE XV111

    Roof Design

            There shall be no exposed flat roofs, nor roof pitches of less than four (4) feet in twelve (12) feet except porches, patios and flared eaves.  The minimum roof overhang shall be twenty-four (24) inches and all asphalt shingles shall have a minimum weight of three hundred (300) pounds per square. Metal and tile roof materials must meet or exceed the maximum requirements of the South Florida Building Code.

 
ARTICLE XIX

 Architectural Review

All plans for changes to the exterior of any dwelling , construction of any dwelling, building, fence and other structures shall be submitted to the WOODLANDS Architectural Review Committee for approval and compliance with all applicable covenants herein prior to applying for county permits and commencement of construction.

 
ARTICLE XX

 Window Air Conditioning Units

            No window or wall air conditioning units shall be permitted.

 
ARTICLE XXI

        Fences, Hedges or Walls

             No concrete, chain link, wire, or plastic walls or fences shall be permitted on the perimeter of any lot or boundary thereof.  Wooden fences, synthetic wood and/or hedges of natural vegetation are permitted on side lot lines provided the height of same, at all times, does not exceed six (6) feet, excepting property lines adjacent to Salerno Road and the south side of lot number 49.  Vegetation must not encroach on adjacent lots. This provision does not apply to pool fences required by municipal codes.  All perimeter fences and walls must be approved by the Architectural Review Committee prior to commencement of construction.

 

ARTICLE XXII

                 Oil and Mining Operations

             No oil drilling, oil development operations, refining, quarrying or mining operations of any kind shall be permitted upon or in any parcel, nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon or in any parcel.  No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any parcel.

 
ARTICLE XXIII

Exterior and Yard Maintenance

             The exterior finish of any structure on any lot shall at all times be maintained in good condition and repair, including any painted finishes.  In addition, all yard areas and any plantings thereon shall be kept in a clean, neat and well-appearing condition, in accordance with reasonable standards of garden care and horticulture. Any owner in violation will be notified by mail that he has fifteen (15) days to remedy or begin work to remedy the violation, if there is no response, then the Association shall have the right to enter upon the property and summarily abate the violation at the expense of the Owner, and such entry and abatement shall not be deemed a trespass. Said charge shall be deemed an assessment on the lot.

  

ARTICLE XXIV

            Owners’ Obligation to Rebuild

            If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the owner thereof, with all due diligence, to rebuild, repair or reconstruct such residence in a manner which will substantially restore it to the condition immediately prior to the casualty.  Reconstruction shall be undertaken within six (6) months after the damage occurs, and shall be completed within twelve (12) months after the damage occurs, unless prevented by causes beyond the control of the owner.

 
ARTICLE XXV

   The Woodlands Owners Association, Inc.

            Section 1.  Membership.  All Owners as defined in Article I hereof shall automatically be members of the Association.  Membership shall be appurtenant to and may not be separated from ownership of any lot, parcel or tract which is subject to assessment.

             Section 2.  Voting Rights.  The Association shall have only one (1) class of voting membership and each owner, shall be entitled to one (1) vote for each lot owner in THE WOODLANDS, provided that where a title to any lot is vested in two or more persons or entities, the vote for such ownership shall be exercised as they among themselves determine, but in any event only one vote may be cast with respect to each lot. 

            Section 3.  Other Rights and Obligations.   Each member also shall have the rights, privileges and obligations of membership in the Association as the same are prescribed in the Articles of Incorporation and By-Laws of the Association as they may be constituted from time to time.  In the event of any inconsistencies at any time between the provisions of this Declaration of Protective Covenants and provisions of said Articles and By-Laws, the provisions of this Declaration shall govern.    

            Section 4.  Sales and Transfers.  Every property sale must be reviewed for compliance with all of the Protective Covenants.  All violations must be remedied or resolved via a signed agreement between seller and buyer prior to estoppel approval. A review fee may be assessed in an amount to be determined by the Association.   Requests for estoppel must state that the buyer has received a copy of the Protective Covenants and that he has read and understand them as defined on the form in F.S. 720.401.

            Section 5.  Fines and Penalties.  Fines for violations of these covenants or any other governing document of the Association will be determined by the Board of Directors of the Association in compliance with the By Laws and Fla. Stat. Chapter 720, but shall never exceed the maximum amount(s) set forth in the Statute as it may be amended, currently a maximum of $100 per day per violation up to an aggregate limit of $1,000 per violation.  A certified letter will be sent to the Owner specifying the Article (s) in violation and give the Owner thirty 30) days to correct the covenant violation (s).

 
ARTICLE XXVI

 Covenant for Maintenance Assessments

            Section 1.  Creation of the Lien.  Each Owner, of any lot,  in THE WOODLANDS, whether or not is shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association annual assessments or charges to be fixed, established and collected from time to time as hereinafter provided.  The annual assessment, together with such penalty and interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the lot and shall be a continuing lien upon the property against which each such assessment is made.

Section 2.  Purpose of Assessment.  The assessment levied by the Association shall be used exclusively for the purpose of maintenance of the streets, not otherwise dedicated to public use;  general operating expenses, common areas maintenance and operation of the drainage swales, ditches and lake and maintenance and preservation of common natural areas in THE WOODLANDS.

 Section 3.  Amount and Payment of Annual Assessments.  Commencing July 1, 1980, and on the same day of each year thereafter, each Owner, shall pay to the Association, on or before such date, the amount of the assessment or assessments, as provided for hereinafter, against his property.  The amount of the assessment shall be fixed by the Board of Directors of the Association at least thirty (30) days in advance of said July 1, on which date the assessment shall be due and payable.  Assessments shall continue at the same rate and the same frequency until a further written notice to the contrary is sent by the Board.  Unless otherwise contained in the notice, assessments are due on or before the 1st day of the fiscal year (July 1st).  Written notice of the change in assessment(s) shall thereupon be sent by regular mail to the record address of each parcel then on file with the Association.  It is a parcel owner’s responsibility to keep an updated address on file. Such notice shall be deemed to have been given if it is deposited postage paid in the United States mails addressed to the name or names and address under which the property in question is listed on the records of the Association or in the office of the Martin County Property Appraiser.  The amount of the annual assessment may be changed from year to year by the Board of Directors as the needs of THE WOODLANDS, in its business judgment, may require. 

            Section 4.        Certificate of Payment.  The Association shall upon demand at any time furnish to any Owner a certificate in writing signed by an officer of the Association, setting forth whether any assessments made against his property or properties have been paid.  Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. 

             Section 5.  Effect of Nonpayment of Assessment: The Lien; Remedies of the Association.  If any assessment is not paid on the date when due (being the dates specified in Section 3 hereof), then such assessment shall be considered delinquent.  If the assessment is not paid within fifteen (15) days after the due date, there will be a late fee as set forth in Fla. Stat. 720.3085 and the assessment shall bear interest from the due date at the rate set forth in Fla. Stat. 720. 3085 per annum, or up to the maximum allowed by law, and the Association may place the assessment in the hands of an attorney for collection and the Association may bring suit to foreclose the lien in the same manner as mortgages.  There shall be added to the amount of such delinquent assessment:  interest on the assessment as above provided, reasonable attorney’s fees and costs incurred with respect to the enforcement of said lien.  The Association may proceed both in an action to foreclose said lien and an action for money damages.

             Section 6.  Special Assessments.  In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area, including fixtures and personal property related hereto, provided that any such assessments shall have the vote or written assent of fifty-one percent (51) of the members.

            Section 7.  Priority of Liens   The liens of the Association against any lot, parcel or tract shall have the priority set forth in Fla. Stat. 720.3085. It shall be a lender’s burden of proof to show they are entitled to the safe harbor under the Statute.  The lien of assessments and other amounts provided for in this Declaration and in Fla. Stat. 720.3085 is superior to all other liens and relates back to the date the Declarations were first recorded against all other liens except the lien of a first mortgagee as defined by the Statute; provided however, that the mortgage was recorded prior to the recording of the lien. As against a prior recorded first mortgagee who acquires title, and qualifies as an Owner and Holder of a first mortgage as that term is defined in Fla. Stat. '720.3085, the first mortgagee transferee's liability shall be those amounts set forth in Fla. Stat. '720.3085 as it may be amended, provided that the first mortgagee initially joined the Association in the suit on the first mortgage.  This liability shall attach regardless of when the mortgage was recorded. If title is transferred without suit, or if the transferee of title was not the owner and holder of the first mortgage at judgment, or if the judgment is in the name of a party other than the name on the Certificate of Title, or if such first mortgagee transferee failed to initially join the Association in its suit, the transferee, including any assignees after judgment, and all third party transferees, shall be liable to the Association for all amounts due from the prior Owner at the time title transferred.

Notwithstanding any statutory or judicial precedent to the contrary, the term prior Owner for purposes of delinquent assessments, and all references herein to Fla. Stat. '720.3085, does not include the Association. Prior Owner shall mean the last person or entity that held title and was not the Association. In the event of any conflict between this provision and any other provision, statute or precedent, this provision shall apply. Under no circumstance shall the Association be liable as a prior Owner nor shall any transferee have any claim against the Association by reason of the Association having taken title to a delinquent property to mitigate its damages. In such event, the joint and several liability as contemplated in this document and Fla. Stat. 720.3085 shall be joint and several between the current owner and the last Owner prior to the Association, inclusive of all prior owners to the Association.  No subsequent owner to the Association may claim a credit for any amounts collected while the Association held title.  Any amounts collected by the Association during its title do not inure to the benefit of any owner prior to or any owner subsequent to the Association or reduce their liability in any way. 

            All transferees shall pay the amounts due above within thirty (30) days of the transfer of the title for their title to be free and clear of the Association's lien and shall not be entitled to occupancy of the property or use of the common elements, or of the recreational facilities as same may exist from time to time, until such time as all unpaid amounts and other monies due have been paid in full. 



ARTICLE XXVII

      Remedies for Violations

            In the event of a violation or breach of any of these covenants and restrictions by any owner, or their tenant(s), guests, or invitees of any lot, parcel or tract in THE WOODLANDS, the Association shall have the right to proceed at law or in equity or both to compel a compliance with the terms hereof or to prevent the violation or breach of any of them, or for money damages.  In such event, the Association shall be entitled to reasonable attorney’s fees and costs at all levels and for all amounts including the amounts for litigating the amount of fees, and including any fees prior to any formal proceeding, incurred with respect to the enforcement of said covenants and restrictions.  In addition to the foregoing right, the Association shall have the right, whenever there exists on any lot, parcel or tract in The Woodlands any impediment or obstruction to the drainage system, or portion thereof, to enter upon the property where such impediment or obstruction exists and summarily abate or remove the same at the expense of the Owner, and such entry and abatement or removal shall not be deemed a trespass. Said expense shall be deemed an assessment.  The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement.  The invalidation by any court of any of the covenants and restrictions herein contained shall in no way affect any of the other covenants and restrictions, but they shall remain in full force and effect.



ARTICLE XXVIII
 
                 Amendments:

These Declarations may be amended by a vote of more than 50% of the eligible voting interests at a duly noticed meeting at which a quorum is present.
 

ARTICLE XXIX

Covenants Running With the Land

            The foregoing covenants and restrictions which shall be binding upon all properties, Owners, their heirs and assigns, shall constitute an easement and servitude in and upon the lands conveyed in the THE WOODLANDS running with the land and shall be deemed for the benefit of all the land in the Association;

 
ARTICLE XXX

Restrictions Uniform

            The foregoing restrictions shall be applicable to all lots, parcels and tracts in THE WOODLANDS.

 
ARTICLE XXXI

        Severability

            Invalidation of any one of these Covenants and Restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect.

 
ARTICLE XXXII

     Governing Law

            This Declaration and any amendments hereto shall be construed, interpreted, and governed by the laws of the State of Florida.

 
ARTICLE XXXIII

                 Effective Date

            This Declaration shall become effective upon its recordation in the Public Records of Martin County, Florida.

  

            IN WITNESS WHEREOF, WOODLANDS OWNERS ASSOCIATION, INC., a Florida corporation, has caused these presents to be signed in the Corporate name by its duly authorized corporate officers and its corporate seal to be hereunto affixed, all on the day and year first set forth above. 

                       

                                                WOODLANDS OWNERS ASSOCIATION, INC.

 

                                                By_________________________________

                                                PATRICK BLANCHER

                                                President                                                                                                                                                                                                                          

 Corporate Seal)

Before me personally appeared Patrick Blancher, well known to me to be an officer of the Woodlands Owners Association, Inc., a Florida Corporation, and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed.

 WITNESS my hand and official seal this _______day of May, 2015.

                                                                     

                                                                                    -------------------------------------------------

                                                                                    Notary Public

                                                                                    My commission expires: