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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.


.





                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

The Woodlands of Stuart

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.

                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.


.





                        

            

 

 
            
 

 

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.


.





                        

            

 

 
            
 

 

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.

                        

            

 

 
            
 

 

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.


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

                        

            

 

 
            
 

 


Directly below are the Revised Covenants as voted 9/26/2020 with 31 in favor and 4 opposed. Below the Proposed Covenants are the Existing Covenants which are the Original Covenants of  The Woodlands.                                              Posted 9/27/2020


Please Note: Underlining indicates new language and Red Text indicates deletion of existing language from the Existing Covenants. A CLEAN SET of the Revised Covenants will be distributed to all Members shortly. 


PROPOSED

AMENDED AND RESTATED 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.

 (Underlining indicates new language and Red Text indicates deletion of existing language.)

             The purpose of this Amended and Restated Declaration of Protective Covenants Covering all of The Woodlands, is to continue the purpose of the Declaration recorded in Official Records Book 493, Page 2610, et. seq., and Revived in Official Records Book 2999, Page 2197, public records of Martin County, Florida.  All provisions of this Amended and Restated Declaration of Protective Covenants and all exhibits hereto shall be construed to be covenants running with the land.

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

WHEREAS,   the property above-described is generally known as “THE WOODLANDS”. 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 property described in Article I of this Declaration; and

WHEREAS, the AssociationDeveloper desires to provide for the preservation of the value andof the amenities of the common area 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 (bc) maintenance and preservation of natural areas; and, to this end, desires to subject the real property in The Woodlands is subject to the covenants, restrictions, easements, charges 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, 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 OWNERS  ASSOCIATION, INC., has been incorporated 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.

             NOW, THEREFORE, the Developer declares that all of the real property described in Article I is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, 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:

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

                         (b)       “Developer” shall mean and refer to LAMAY LAND, INC., a Florida corporation, its successors and assigns.

                        (b)(c)  “THE WOODLANDS” shall mean and refer to all of the real property described in Article I hereof.

                         (c)(d)  “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.

                         (d)(e) “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 not otherwise titled in an owner; and (c) park and undeveloped natural areas not otherwise titled in an owner.

           (e) All existing structures, fences, or improvements installed prior to the effective date of this Amended and Restated Declaration, 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 Board must be submitted to ensure compliance with these covenants. No owner who a) makes a change to their parcel or b) takes title to their parcel after the date of the 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.  In the event of the Board’s denial of a submitted request, the requesting owner may appeal, in which case a all members in good standing would be invited. A special meeting will be duly scheduled to tally the votes of which a majority of all members in good standing shall be required to overturn the denial by the Board.

 
ARTICLE III    (Sections 2 thru 4 were moved from existing Article XXIV)
 
Conveyances Made by Developerthe Woodlands Owners Association, Inc.

             Section 1.  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 taking possession thereof, covenants and agrees to all of the provisions of this Declaration of Protective Covenants.

             Section 2.      Membership. All Owners as defined in Article II 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 3.      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 owned in THE WOODLANDS, provided that where a title to any lot is vested in two or more persons or entitles, 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 4.      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 the provisions of said Articles and By-Laws, the provisions of this Declaration shall govern.

ARTICLE IV


Use Restrictions

            The land described in Article I shall be used for residential purposes only and for the erection and maintenance of one (1) single-family residential dwellings per lotExcept for temporary guests, a lot may only be occupied by a single family as defined below.  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.  The Developer shall have the privilege, for the period during which it is selling lots, of having “For Sale” signs of a suitable nature in THE WOODLANDS.  For purposes of this provision, “single family” shall be defined as a group of persons related by blood, marriage or adoption and up to two (2) unrelated persons.

 
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., andNo refuse pile, oroutside storage of  unsightly objects, or any item in violation of any municipal codeother than on property under development by the Owner, shall be allowed to be placed or permitted to remain anywhere thereon in view of any other lot or street.andIn the event that the Owner or occupant of any property shall fail or refuse to keep said property free of weeds, underbrush or refuse piles or other unsightly growths or objects, or storage in violation of municipal codes or these protective covenants, the owner in violation will be notified by mail that he/she has fifteen (15) days to begin work to remedy the violation. If at the end of thirty (30) days the remedy to the violation is not complete, the Board will have the right to assess fines as allowed in Remedies for Violations, Article XXVII.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 shall not be deemed a trespass. 

 
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. The use of outside yard fires or fire pits cannot be left unattended while burning, and must be used in a safe manner and in accordance with local fire ordinances and restrictions. No storage of any construction, demolition or unsightly items in view of any other lot or street shall be permitted, except that construction materials may be stored in a manner approved by the Board of Directors for a limited period of time established by the Board of Directors. No vehicles or other items shall be permitted to be placed for sale on the Common Areas. The discharge of waste or 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 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 THE 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 Utility Service

            All utility lines, including 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.  Except as provided below, it shall be the responsibility of each lot owner to keep the culverts, ditches and drainage swales located on his or her lot clear of debris, trees, shrubs, weed overgrowth and any other impediments to drainage.  The main lake drainage ditch located between Lot 21 and Lot 22 and in between Lot 36 and Lot 37, shall be the responsibility of the Association to maintain and repair.  The owners of Lots 21, 22, 36, and 37 shall not alter vegetation in such a way as to cause erosion of the banks, shall clear debris and  weed overgrowth, and maintain shrubs and the lawn up to the water level of the ditch. The Board may, in the case of community safety, authorize entrance to an owner’s lot to inspect drainage swales and such entry shall not be deemed a trespass.



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 not be 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 apply these restrictions.  The total aggregate lot surface area that is impervious to surface rainwater drainage shall not exceed forty percent (40%) of the total lot area.
 

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 fully-enclosed garage.

 1.         All boats, recreational vehicles, trailers, and golf carts must be parked or stored


     a.  within a fully enclosed garage; or


     b.  within the boundaries described as (i) on all lots to the rear of the front extended boundary of the front façade of the house; (ii) on lake lots only, to the front of the rear extended boundary of the rear façade of the house; and (iii) on all lots, within a fence, landscaping or other screening material approved by the Board of Directors which screens the item from view.

   2.         No boats, recreational vehicles, motor vehicles, trailers or golf carts shall be parked in the rear yard of lots on the lake.

   3.         Maximum Length and Height


      a.  The maximum length for boats is 26 feet.


      b.  The maximum length for recreational vehicles is 44 feet.


      c.  The height of boats and recreational vehicles stored on the lot may not exceed the height of the dwelling.

   4.         Not more than three of these items, and not more than one of each type may be stored per lot outside of the garage. Each item stored outside of a garage must have a valid registration to a full-time occupant of the house.

     5.         No gas-powered or diesel-powered watercraft, including but not limited to, boats and jet skis, are allowed on the lake.        

 

    6.         No commercial vehicles or equipment shall be placed, parked or stored upon any lot unless within a fully enclosed garage, except for service or construction companies using such vehicles and equipment providing service to subject lot.  Except as provided below, no maintenance or repairs shall be performed upon any boat or motor vehicle upon any lot, outside of a fully enclosed garage.  Only minor repairs, such as tire changes or oil changes are allowed outside of a fully enclosed garage.


 
ARTICLE XII

 Automobile Storage Areas and Auxiliary Structures

             No carports shall be permitted and all attached garages shall be attached and shall be at least twenty (20) feet wide by twenty (20) feet deep.  The height of an attached garage shall not exceed twenty (20) feet and shall match the roof pitch of the rest of the dwelling.  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.  All detached auxiliary structures, including but not limited to, storage sheds and garages, must be concrete block, wood or stucco (no metal, plastic or fiberglass); must match the dwelling by color and style; and cannot exceed twenty (20) feet in height. No more than two (2) auxiliary structures are allowed per lot and the total aggregate square footage of all auxiliary structures cannot exceed nine hundred (900) square feet. All auxiliary structures must be located no closer than twenty-five (25) feet from ei