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From: |
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To: |
"ARTHUR M ELLIOTT"
<art310@pipeline.com> |
Cc: |
"Vincent Brocklebank"
<vgbrocklebank@att.net> |
Subject: |
Re: file conversion help |
Date: |
Thu, 29 Jan 2004 08:01:23
-0500 [View
Source] |
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Attachment 1: Name
Unknown (text/enriched)
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BY-LAWS OF TREASURE COAST AIRPARK PROPERTY OWNERS
ASSOCIATION, INC. |
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1.
IDENTIFICATION OF ASSOCIATION. These are the By-Laws of
TREASURE COAST AIRPARK PROPERTY OWNERS ASSOCIATION, INC. as
duly adopted by its Board of Directors. The Association is a
corporation not-for-profit, organized pursuant to Chapter 617,
Florida Statutes.
1.1 The principal office of the
Association shall be as designated from time to time by the
Board of Directors, in their sole discretion.
1.2 The
seal of the Association shall bear the name of the
Association; the word “Florida”; the words “Corporation
Not-For-Profit” and the year of its incorporation.
2.
DEFINITIONS. For convenience herein, these By-Laws may be
referred to as the “By-Laws” and the Articles of Incorporation
of the Association as the “Articles”. All other terms used in
these By-Laws shall have the same definition and meaning as
provided for in the Declaration of Restrictions of Treasure
Coast Airpark unless herein provided to the contrary, or
unless the context otherwise requires.
3.
MEMBERSHIP.
3.1 Membership of the Association is as set
forth in the Declaration.
3.2 The rights of Membership
are subject to the payment of annual and special assessments
levied by the Association. The obligation for such assessments
is imposed against each Owner of the Lot against which such
assessments are made, and such assessments become a lien upon
the Lot against which the same are assessed as provided in the
Declaration.
4. BOARD OF DIRECTORS.
4.1 The
property, business and affairs of the Association shall be
managed by a Board of Directors, numbering five (5), who must
be members of the Association. It is preferred that three (3)
of those members be FAA licensed pilots who held or currently
hold a minimum of a private pilot certificate.
4.2
Directors shall be elected by the Members of the Association
at the Annual Members’ Meeting. The term of the Directors’
service shall be staggered. At the election in the year 2003,
five (5) members will be elected with the two (2) members
receiving the highest number of votes serving a term of two
(2) years. The remaining members will serve terms of one (1)
year. The length of the terms of all members elected
thereafter shall be two (2) years. The election of each
Director shall be separate and shall require a plurality of
the votes of those persons voting in each election. There
shall be no cumulative voting.
4.3 Any Director may be
removed from office at any time with or without cause by the
affirmative vote or agreement, in writing, by a majority of
all votes of the Association Membership. Any vacancy occurring
on the Board of Directors may be filled by the affirmative
vote of the majority of the remaining Directors.
4.4
The first meeting of a newly elected Board of Directors, for
the purpose of organization, shall be held immediately
provided the majority of the members of the Board elected be
present. If the majority of the Members of the Board elected
shall not be present at that time, or if the Directors shall
fail to elect officers, the meeting of the Board to elect
officers shall then be held within ten (10) days after the
annual meeting of Members upon at least three (3) days’ notice
in writing to each Member of the Board elected, stating the
time, place and object of such meeting.
4.5 Regular
meetings of the Board of Directors may be held at any place or
places within St. Lucie County, Florida, on such days and at
such hours as the Board of Directors may, by resolution,
designate.
4.6 Special meetings of the Board of
Directors may be called at any time by the President or by any
two (2) Members of the Board and may be held at any place or
places within St. Lucie County, Florida.
4.7 Notice
shall be required to be given of any regular or special
meeting of the Board of Directors in accordance with Florida
Statutes §720.303(2)(2002), as amended from time to
time.
4.8 Notice of each special meeting of the Board
of Directors, stating the time, place and purpose thereof,
shall be given by or on behalf of the President or by or on
behalf of the Secretary or by or on behalf of any two (2)
Members of the Board to each Member of the Board not less than
three (3) days by mail or one (1) day by telephone or
electronic messaging.
4.9 A quorum of the Board shall
consist of the Directors entitled to cast a majority of the
votes of the entire Board. Matters approved by a majority of
the Directors present at a meeting at which a quorum is
present shall constitute the official acts of the Board,
except as may be otherwise specifically provided by law, by
the Articles of Incorporation or elsewhere herein. If at any
meeting of the Board there shall be less than a quorum
present, the majority of those present may adjourn the meeting
from time to time until a quorum is present. At any meeting
that takes place on account of a previously adjourned meeting,
any business which might have been transacted at the meeting
as originally called may be transacted. In the case of the
adjournment of a meeting, no further notice of the adjourned
meeting need be given unless otherwise determined by the
Board.
4.10 The presiding officer at all Board
meetings shall be the President. In the absence of the
President, the Directors shall designate any one of their
number to preside.
4.11 Any action required or
permitted to be taken at a meeting of the Directors may be
taken without a meeting if a consent in writing, specifically
setting forth the action to be taken, shall be signed by all
the Directors entitled to vote with respect to the subject
matter thereof. Such consent shall have the same force and
effect as a unanimous vote of Directors.
4.12 Except as
provided in Florida Statutes §720.303(2)(2002), as amended
from time to time, all meetings of the Board of Directors
shall be open to all Members, provided, however that Members
shall not have the right to participate in or vote at any
Board of Directors’ meeting unless the Board of Directors, in
its sole discretion, shall grant such right as to any
particular meeting.
5. POWERS AND DUTIES. The
Board of Directors shall have the powers and duties necessary
for the administration of the affairs of the Association and
may take all acts, through the proper officers of the
Association, in executing such powers, except such acts which
by law, the Declaration, the Articles or these By-Laws may not
be delegated to the Board of Directors by the Owners. Such
powers and duties of the Board of Directors shall include,
without limitation (except as limited elsewhere herein), the
following:
5.1 Operating and maintaining the Common
Areas consistent with the provisions of the
Declaration.
5.2 Determining the expenses required for
the operation of the Association.
5.3 Employing and
dismissing the personnel necessary for the maintenance and
operation of the Common Areas.
5.4 Adopting and
amending rules and regulations concerning the details of the
operation and use of the Properties.
5.5 Maintaining
bank accounts on behalf of the Association and designating the
signatories required therefor.
5.6 Purchasing, leasing
or otherwise acquiring Lots or other property, real or
personal, in the name of the Association, or its
designee.
5.7 Purchasing Lots at foreclosure or other
judicial sales, in the name of the Association, or its
designee to preserve the integrity of the
Airpark.
5.8 Selling, leasing, mortgaging or
otherwise dealing with Lots acquired, and subleasing Lots
leased, by the Association, or its designee.
5.9
Organizing corporations and appointing persons to act as
designees of the Association in acquiring title to or leasing
Lots or other property.
5.10 Obtaining and reviewing
insurance for the Common Areas.
5.11 Making repairs,
additions and improvements to, or alterations and/or
restoration of the Common Areas, in accordance with the
provisions of the Declaration after damage or destruction by
fire or other casualty, or as a result of condemnation or
eminent domain proceedings or otherwise.
5.12 Enforcing
obligations of the Owners, allocating income and expenses and
taking such other actions as shall be deemed necessary and
proper for the sound maintenance and management of the
Properties.
5.13 Levying fines against appropriate
Owners for violations of the Declaration, these By-Laws,
Articles or rules and regulations established by the
Association to govern the conduct of such Owners.
5.14
Borrowing money on behalf of the Association when required,
including granting mortgages on and/or security interests in
Association owned property; provided, however, that the
consent of the Owners of at least two-thirds (2/3) of the Lots
represented at a meeting at which a quorum has been attained
in accordance with the provisions of these By-Laws shall be
required for the borrowing of any sums which would cause the
total outstanding indebtedness of the Association to exceed
$25,000.00.
5.15 Contracting for the management and
maintenance of the Common Areas and authorizing a management
agent to assist the Association in carrying out its powers and
duties by performing such functions as the submission of
proposals, collection of Assessments, preparation of records,
enforcement of rules and maintenance, repair, and replacement
with such funds as shall be made available by the Association
for such purposes. The Association and its officers shall,
however, retain at all times the powers and duties granted by
the Declaration, these By-Laws and the Articles, including,
but not limited to, the making of Assessments, promulgation of
rules and execution of contracts on behalf of the
Association.
5.16 Exercising (i) all powers
specifically set forth in the Declaration, the Articles, and
these By-Laws, (ii) all powers incidental thereto, and (iii)
all other powers of a Florida corporation not for
profit.
5.17 Contracting with and creating or joining
in the creation of special taxing districts, joint councils
and the like.
6. OFFICERS.
6.1 The officers of
the Association shall consist of a President, a Vice
President, a Secretary and a Treasurer, each of whom shall be
elected by the Board of Directors. Such other officers and
assistant officers and agents as may be deemed necessary may
be elected or appointed by the Board of Directors from time to
time. Any two (2) or more offices may be held by the same
person provided, however, that neither the offices of
President and Vice President nor the offices of President and
Secretary shall be held by the same person. Any officer may be
removed at any time by the affirmative vote of a majority of
the Board of Directors at any duly called regular or special
meeting of the Board.
6.2 The President shall be the
chief executive officer of the Association. The President
shall preside at all meetings of the Members of the
Association and of the Board of Directors. He shall have the
general powers and duties of supervision and management of the
Association which usually pertain to his office, and shall
perform all such duties as are properly required of him by the
Board of Directors. The Board of Directors shall elect one
Vice President, who shall generally assist the President and
who shall have such other powers and perform such other duties
as usually pertain to such office or as are properly required
of him by the Board of Directors. In the absence or disability
of the President, the Vice President shall perform duties and
exercise the powers of the President.
6.3 The Secretary
shall keep the minutes of all meetings of the Board and the
Members, which minutes shall be kept in a business-like manner
and be available for inspection by Members and Directors at
all reasonable times. He shall have custody of the seal of the
Association and affix the same to instruments requiring such
seal when duly authorized and directed to do so. He shall be
custodian for the corporate records of the Association, except
those of the Treasurer, and shall perform all of the duties
incident to the office of Secretary of the Association as may
be required by the Board or the President.
6.4 The
Treasurer shall have the care and custody of all the monies
and securities of the Association. He shall enter on the books
of the Association, to be kept by him for that purpose, full
and accurate accounts of all monies received by him and paid
by him on account of the Association. He shall sign such
instruments as require his signature and shall perform all
such duties as usually pertain to his office or as are
properly required of him by the Board of Directors. In the
event the Association enters into a management agreement, the
duties and functions of the Treasurer may be delegated to the
managing agent to the extent such delegation is determined to
be appropriate by the Board of Directors.
6.5 Vacancies
in any office arising from any cause may be filled by the
Board of Directors at any regular or special
meeting.
6.6 Neither Directors nor officers shall
receive compensation for their services as such, but this
provision shall not preclude the Board of Directors from
employing a Director or officer as an employee of the
Association. Directors and officers may, at the discretion of
the Board, be compensated for all actual and proper
out-of-pocket expense relating to the proper discharge of
their respective duties.
7. MEETINGS OF
MEMBERS.
7.1 The qualifications of Members, the manner
of their admission to membership and the voting by Members
shall be as set forth in the Declaration.
7.2 The
regular annual meeting of the Members shall be held in each
and every calendar year on the second Saturday of the month of
February, except that the Board of Directors shall have the
right to change the date of regular annual meetings from time
to time.
7.3 Special meetings of the Members for any
purpose may be called at any time by the President. In
addition, a special meeting of the Members shall be called as
directed by resolution of the Board of Directors or upon the
written request of ten percent (10%) of the
Members.
7.4 Notice may be given to the Member either
personally, electronically or by sending a copy of the notice
through the mail, postage thereon fully paid, to his address
as it appears on the records of the Association. Each Member
shall register his address with the Secretary, and notices of
meetings shall be mailed to him at such address. Notice of any
meeting, regular or special, shall be mailed or personally
delivered or sent electronically at least fourteen (14) but
not more than ninety (90) days in advance of the meeting
unless otherwise provided in the Declaration or these By-Laws.
Proof of such mailing shall be given by the Affidavit of the
person giving the notice. Any notice given hereunder shall
state the time and place of the Meeting and the purposes for
which the Meeting is called. All notices shall be signed by an
Officer of the Association or reflect a facsimile of such a
signature.
7.5 The presence at a meeting of the
Members, either in person or by proxy, of Members entitled to
cast thirty (30%) percent of the total number of votes of the
Members shall constitute a quorum for any action governed by
these By-Laws. If a quorum is present, the vote of a majority
of the Members who are present or represented at the meeting
and entitled to vote on the subject matter shall be the act of
the Membership unless otherwise provided herein, by law or by
the provisions of the Declaration or Articles of Incorporation
of the Association.
7.6 If, at any meeting of the
Membership, there shall be less than a quorum present, the
majority of those present may adjourn the meeting from time to
time until a quorum is present. Any business which might have
been transacted at a meeting when originally called may be
transacted at any adjournment thereof. In the case of the
adjournment of a meeting, no notice to the Members of such
adjournment shall be required other than announcement at the
meeting of the time and place of the adjourned
meeting.
7.7 Voting rights of Members shall be as
stated in the Declaration. Such votes may be cast in person or
by proxy. “Proxy” is defined to mean an instrument containing
the appointment of a person who is appointed by a Member to
vote for him and his place and stead. Proxies shall be in
writing and shall be valid only for the particular meeting
designated therein and any adjournment thereof if so stated. A
proxy must be filed with the Secretary before the appointed
time of the meeting in order to be effective. Any proxy may be
revoked prior to the time a vote is cast pursuant to such
proxy.
7.8 At any time prior to a vote upon any matter
at a meeting of the Membership, any Member may request the use
of a secret written ballot for the voting thereon and require
the use of such secret written ballot. In the event such
secret written ballot is used, the chairman of the meeting
shall call for nominations and the election of inspectors of
election to collect and tally such secret written ballots upon
the completion of the balloting.
7.9 Roberts Rules of
Order (latest edition) shall govern the conduct of all
meetings of the Members of the Association when not in
conflict with the Declaration, the Articles of Incorporation
of the Association, the By-Laws of the Association or the
Statutes of the State of Florida.
8. BOOKS AND RECORDS.
The books and records of the Association shall, during
reasonable business hours, be available at the office of the
Association for the inspection of any Member of the
Association upon at least ten (10) business days prior written
request given by such Member to the Association.
9.
FISCAL MATTERS.
9.1 The fiscal year of the Association
shall begin on the first day of January and end on the last
day of December of each year, provided, however, that the
Board of Directors shall be authorized to change the fiscal
year at such time and from time to time as the Board of
Directors shall deem it advisable. 9.2 The funds of the
Association shall be deposited in one or more savings and loan
association or banks in St. Lucie County, Florida under
resolutions duly approved by the Board of Directors, and shall
be withdrawn only over the signature(s) of the officer(s)
authorized to withdraw funds by such resolutions.
9.3
Fidelity bonds may be required by the Board of Directors for
all persons handling or responsible for Association funds in
such amounts as shall be determined by a majority of the
Board. The premiums on such bonds shall be paid by the
Association as an expense of the Association.
9.4 The
Association shall maintain books and records according to good
accounting practice, which books and records shall be opened
to inspection by Members as provided in Article 8 hereof. Such
records shall include a record of receipts and expenditure
accounts for each Member, which shall designate the name and
address of the Owner, the amount of each assessment, the due
dates and amount of each assessment, the amounts paid upon
account, and the balance due, a register for the names of any
mortgage holders or lien holders who have notified the
Association of their liens, and to which lien holders the
Association will give notice of default if
required.
9.5 The Board of Directors shall present at
each annual meeting, a full and clear statement of the
business and condition of the Association.
9.6 The
Board shall adopt a Budget of the anticipated operating
expenses of the Association for each forthcoming fiscal year
at a special meeting of the Board called for that purpose.
Prior to the Budget Meeting, a proposed Budget for the
operating expenses shall be prepared by or on behalf of the
Board and a copy thereof shall be furnished to each Member
prior to the meeting at which the Budget is to be adopted.
Each Owner shall be given notice of the assessment applicable
to his Lot(s) within thirty (30) days after the adoption of
the Budget and shall also be provided a copy of the actual
Budget which is adopted if same varies from the proposed
Budget previously provided to each Member. The copy of the
Budget shall be deemed furnished and the notice of the
assessment shall be deemed given upon its delivery or upon its
being mailed to the Member or Owner shown on the records of
the Association at his last known address as shown on the
records of the Association.
9.7 In administering the
finances of the Association, the following procedures shall
govern: (i) the fiscal year shall be the calendar year; (ii)
any monies received by the Association in any calendar year
may be used by the Association to pay expenses incurred in the
same calendar year; (iii) there shall be apportioned between
calendar years on a pro rata basis any expenses which are
prepaid in any one calendar year for operating expenses which
cover more than such calendar year; (iv) assessments shall be
made in advance in amounts no less than are required to
provide funds in advance for payment of all of the anticipated
current operating expenses and for all unpaid operating
expenses previously incurred; and (v) items of operating
expenses incurred in a calendar year shall be charged against
income for the same calendar year regardless of when the bill
for such expenses is received. Notwithstanding the foregoing,
the assessments for operating expenses and any periodic
installments thereof shall be in sufficient amount so as to
insure an adequacy and availability of cash to meet all
budgeted expenses in any calendar year as such expenses are
incurred in accordance with the cash basis method of
accounting.
9.8 No Board shall be required to
anticipate revenue from assessments or expend funds to pay for
operating expenses not Budgeted or which shall exceed Budgeted
items, and no Board is required to engage in deficit spending.
Should there exist any deficiency which results from there
being greater operating expenses than monies from assessments,
then such deficits shall be carried into the next succeeding
year’s Budget as a deficiency or shall be the subject of an
adjustment to the applicable assessment (e.g., general
assessment or special assessment).
10. RULES AND
REGULATIONS.
10.1 The Board may, at any meeting of the
Board, adopt rules and regulations or amend, modify or rescind
then existing rules and regulations for the operation and use
of any of the Properties; provided, however, that such rules
and regulations are not inconsistent with the terms or
provisions of the Declaration, The Articles or these By-Laws.
Copies of any rules and regulations promulgated, amended or
rescinded shall be mailed or delivered to all Members and
Owners shown on the records of the Association at the time of
such delivery or mailing at the last known address for such
Members and Owners as shown on the records of the
Association.
10.2 Notwithstanding the foregoing, where
rules and regulations are to regulate the use of specific
portions of the Common Areas, same shall be conspicuously
posted at such facility and such rules and regulations shall
be effective immediately upon such postings. Care shall be
taken to insure that posed rules and regulations are
conspicuously displayed and easily readable and that posted
signs or announcements are designed with a view towards
protection from weather and the elements. Posted rules and
regulations which are torn down or lost shall be promptly
replaced.
11. AMENDMENTS; CONFLICTS.
11.1
Subject to the provisions of 11.2 hereof, these By-Laws may be
amended by an affirmative vote by a majority of the entire
Board. The notice of such meetings shall expressly state that
such amendment will be considered at the meeting.
11.2
Notwithstanding anything to the contrary contained herein no
amendment to these By-Laws shall be made which conflicts with
the Declaration or the Articles of Incorporation of the
Association.
11.3 A copy of each amendment of these
By-Laws shall be attached to a certificate certifying that the
amendment was duly adopted as an amendment to the By-Laws,
which certificate shall be executed by the President or
Vice-President and attested by the Secretary or Assistant
Secretary of the Association with the formalities of a deed.
The amendment shall be effective when the certificate together
with a copy of the amendment is recorded in the Public Records
of St. Lucie County, Florida.
11.4 In case of any
conflict between the Articles of Incorporation of the
Association and these By-Laws, the Articles of Incorporation
shall govern and control. In case of any conflict between the
Declaration and these By-Laws, the Declaration shall govern
and control.
12. CONSTRUCTION. Wherever the context so
permits, the singular shall include the plural, the plural
shall include the singular, and the use of any gender shall be
deemed to include all genders. 13. CAPTIONS. The captions
herein are inserted only as a matter of convenience and for
reference, and in no way define or limit the scope of these
By-Laws or the intent of any provision hereof.
WE
HEREBY CERTIFY that the foregoing By-Laws of Treasure Coast
Airpark Property Owners Association, Inc. were duly adopted by
the Board of Directors at a meeting held for such purpose on
the ______ day of ________________, 2003.
IN WITNESS
WHEREOF, the undersigned has caused these presents to be
signed in its name, by its President and Secretary, and its
corporate seal affixed on this day of ,
2003.
WITNESSES: TREASURE COAST AIRPARK PROPERTY
OWNERS ASSOCIATION, INC.
By: Printed Name
#1:________________ Randy Opat, Its
President
Printed Name
#2:________________
By: Printed Name
#1:_________________ Rob Rimbold, Its
Secretary
Printed Name #2: CORPORATE SEAL
STATE OF FLORIDA COUNTY OF ST.
LUCIE
The foregoing instrument was acknowledged before
me on the day of__________________, 2003, by Randy Opat, as
President of Treasure Coast Airpark Property Owners
Association, Inc., [ ] who is known to me, or [ ] who produced
as identification.
Notarial Seal NOTARY
PUBLIC
STATE OF FLORIDA COUNTY OF ST.
LUCIE
The foregoing instrument was acknowledged before
me on the day of_________________, 2003, by Rob Rimbold, as
Secretary of Treasure Coast Airpark Property Owners
Association, Inc., [ ] who is known to me, or [ ] who produced
as identification.
Notarial Seal NOTARY
PUBLIC |
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DECLARATION OF RESTRICTIONS OF TREASURE COAST
AIRPARK |
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KNOW
ALL MEN ON THESE PRESENTS: That the undersigned DANIEL T.
of TREASURE COAST AIRPARK, as per unrecorded plat thereof,
more particularly described as follows: Commence at the SE
corner of Section 24, Township 37 South, Range 38 East, St.
Lucie County, Florida; thence run N 00*07 '52" E, a
distance of 662.43 feet; thence run S 89*31'12" W, a
distance of 75.00 feet, co the POINT OF BEGINNING; thence
continue S 89*31'12" W a distance of 2571.52 feet; thence
run S 89*33'44" W a distance of 2656.33 feet; thence run N
00*00'37" E a distance of 2760.76 feet; thence run N
89*27'39" E a distance of 5234.05 feet; thence run S
00*09'15" W a distance of 780.07 feet; thence run S
00*07'52" W, a distance of 1988.12 feet to the POINT OF
BEGINNING; all lying and being in Section 24, Township 37
South, Range 38 East, St. Lucie County, Florida, and
containing 332.0083 acres, more or less. makes the
following Declaration of Restrictions covering the
above-described real property, specifying that this
declaration shall constitute a covenant which shall be in
effect for aminimum of twenty-five (25) years, and at the end
of each twenty five year period shall beautomatically renewed
for an additional period of twenty-five (25) years. Said
covenantshall run with the land and this declaration shall be
binding upon the undersigned and uponall persons deranging
title through the undersigned. These restrictions, during
their lifetime, shall be for the benefit of and limitation
upon all present and future owners of the realproperty.
ARTICLE I DEFINITIONS AND GENERAL PROVISIONS 1.
"Association" shall mean and refer to TREASURE COAST AIRPARK
PROPERTY OWNERS ASSOCIATION, INC., (a nonprofit
corporation), its successorsand assigns. 2. "Declare-,"
shall mean and refer to a majority of all persons claiming
under Daniel T. McCarty, III. 3. "Owner* shall mean and
refer to the record owner, whether one or more personsor
entities, of a fee simple title to any Lot which is a part of
the Properties, including contractsellers, but excluding those
having such interest merely as security for the performance
ofan obligation. 4. "Properties" shall mean and refer to
that certain real property herein abovedescribed which
constitutes the subdivision and such additions thereto as may
be hereafterbrought within the jurisdiction of the
Association. 5. "Common Area" shall mean: all properties,
roads, easements, surface water management system, and any
improvements on tile Properties owned by the Associationfor
the common use, benefit and enjoyment of the Owners. The
Common Area(s) to beowned by the Association at the time of
the conveyance of the first lot are: the roads, thesurface
water management systems the airtstrip and taxiways and all
areas other than theLots. 6. "Limited Common Area" shall
mean: all conservation flowing areas as delineatedon the
Conceptual Site Plan attached hereto as Exhibit A. 7.
"lot" shall mean and refer to any plot of land shown as such
upon the recordedSubdivision plat of the properties with.
8. "Restrictions" Shall mean the covenants, conditions,
requirements, provisions, easements and charges herein set
fort. 9. "Airstrip" shall mean: any area of land which is
used, or intended for use, for thelanding and takeoff of
aircraft and any appurtenant which are used or intended for
use, forairport buildings or other airport facilities or
rights-of-way, together with all airport buildingsand
facilities located thereon. 10 . "taxiway" shall mean: any
area of land which is used, or intended for use, for- the
taxiing of aircraft to the Airstrip. I I . The Declarant
shall have the right to construe and interpret these
restrictions and if made in good faith, said construction
or interpretation shall be final and binding as to allpersons
or property affected thereby. 12. The restrictions herein
set forth shall only be extinguished terminated or modifiedas
provided in Paragraphs 3 and 4 of Article VI of this
Declaration, and no change ofconditions or circumstances shall
operate to extinguish, terminate or otherwise modify any
ofthese restrictions.
ARTICLE II MEMBERSHIP AND VOTING RIGHTS 1.
Membership. Every owner of a Lot shall be a member of the
Association. Membership shall be appurtenant to and may not
he separated from ownership of anyLot. 2. Voting Rights.
The Association shall have one (1) class of voting
membership, which shall be all Owners, and shall be
entitled to one (1) vote for each Lot owned. Whenmore than one
person or entity holds an interest in any Lot, all such
persons or entities shall be members with the vote for such
Lot being exercised as they determine, however, in noevent
shall more than one vote be cast with respect to any Lot.
ARTICLE III MAINTENANCE ASSESSMENTS 1. Lien and
Personal Obligation for Assessments. The Declarant for each
Lot ownedwithin the Properties, hereby and each Owner of any
Lot by acceptance of a deedtherefore whether or not it shall
be so expressed in such deed, is deemed to covenant andagree
to pay to the Association: (1) special assessments for lot
maintenance and theabatement of any nuisances arising
hereunder; and/or (2) special assessments for capital
improvements to the Common Area as set forth in Paragraph 5 ot
this Article; and/or (3) minimum assessments for payment of
taxes, operation and maintenance of the commonarea, including
the surface water management system Such assessments shall
beestablished and collected as hereinafter provided. 2.
The collection procedures: The assessments, together with
interest thereon fromthe due date at the rate of ten (10%)
percent per annum, costs Of Collection an reasonable
attorney's fees shall be a charge on the land and shall be
a continuing lien upon theproperty against which each such
assessment is made. Each such assessment, together with
interest, costs and reasonable attorney's fees, shallalso be
the personal obligation of the person(s) who was the Owner of
such property atthe time when assessment fell due. The
personal obligation for delinquent assessmentsshall not pass
to the Owner's successors in title unless expressly assumed by
such successors. 3.
purpose of Assessments. The assessments levied by the
:-association shall befor the purpose of promoting the health,
safety and welfare fare of the residents in theProperties and
for the utility services 'es to, maintenance and replacement
of thoseimprovements situated upon the property, roads and
easements comprising is the Common Area. Such assessments
shall also be collected from any Owner who fails, refuses
or neglects to maintain his Lot in a neat and orderly
condition by keeping it free fromabandoned vehicles,
accumulations of trash or refuse or by permitting other
unsightlyconditions to exist upon the Owner's Lot. 4.
Special Assessments for Lot Maintenance and Abatement of
Nuisances. TheAssociation may levy a special assessment
against any Owner who has failed, refused orneglected to
maintain his property in accordance with the provisions of
this Declaration bycharging that Owner of an amount equivalent
to the costs required to remedy the nonconforming condition or
any nuisance so adjudged by the Board of Directors for
theAssociation. 5. Special Assessments for Capital
Improvements. In addition to the assessmentsauthorized above,
the Association may levy a special assessment payable upon
theterms specified by the Association for the purpose of
defraying, in whole or in part, the costof any construction,
reconstruction, repair or replacement of the Common Area or
theimprovements situated upon the Common Area, including any
fixtures and personalproperty related thereto, provided,
however, that any such assessment shall have the twothirds
(2/3) of the votes of the members who are voting in person or
by proxy at a meetingof the Association duly called for this
purpose. 6. Minimum Assessment. The Association shall
impose and collect an assessmentin the minimum amount of
$50.00 per year from each member to defray the costs
andexpenses. Notwithstanding the creation of this minimum
assessment, the Board ofDirectors of the Association may
increase the amount collected hereunder in the event itdeems
such an increase to be necessary, proper or desirable. 7.
Uniform Rate of Assessment. All assessments shall be fixed at
a uniform rate for all Lots. 8. Nonpayment of
Assessments: Remedies of the Association. Any assessmentnot
paid within thirty (30) days after the due date shall bear
interest from the due date at therate of ten (10%) per cent.
The Association may bring an action at law or equity against
theOwner personally obligated to pay the same or may foreclose
the lien against the propertyand shall be entitled to collect
all sums set forth in Paragraph 2 of this Article including
reasonable attorney's fees. No Owner may waive or otherwise
escape liability for theassessments provided herein by nonuse
of the Common Area or by abandonment of hisLot. 9.
Subordination of the Lien to Mortgages. The lien of the
assessments providedfor herein shall be subordinate to the
lien of any first, mortgage. Sale or transfer of any Lotshall
not affect the assessment lien. However, the sale or transfer
of any Lot pursuant tomortgage foreclosure or any proceeding
in lieu thereof, shall extinguish the lien of suchassessment
as to payment which became due prior to such sale or transfer.
No sale or 1transfer shall relieve such Lot from liability for
any assessment thereafter becoming due or from the lien
thereof. 10. Right of Access. For the purpose of
performing the maintenance authorized bythis Article, the
Association, through its duly authorized agents or employees,
shall have the right, after reasonable notice to the
owner, to enter upon any Lot during the daylighthours of any
day except Sunday.
ARTICLE IV USE AND BUILDING RESTRICTIONS 1.
Residential Use. The Lots in the subdivision, with the
exception of lots 49 and 50which shall be retained by
Declarant I for the purpose of fuel storage, shall be used for
theconstruction of single family residential dwellings. Said
lots shall not be subdivided and shallspecifically be subject
to the following at all times: a. Land Use and Building
Type. No lot shall be used except for residentialpurposes,
with the exception of Lots 49 and 50 which shall be retained
by Declarant forpurposes of fuel storage. No building of a
temporary character or mobile home shall beused on any lot at
any time as a residence, either temporarily or permanently.
Each dwellingshall have a livable floor space of not less than
twelve hundred (1,200) square feet, exclusive of porches
and garages. No building shall have a flat or asphalt roof,
and allbuildings shall be located in accordance with all
setback requirements of St. Lucie County, Florida. b.
Garbage and Refuse Disposal, Gas Tanks and Cylinders. No lot
shall beused or maintained as a dumping ground for rubbish.
Trash, garbage and other waste shallnot be kept except in
sanitary containers, and such containers shall not be visible
from the street or adjoining lots. All incinerators or other
equipment for the storage or disposal of suchmaterial shall be
kept in a clean and sanitary condition. No gas tank or
cylinder shall bevisible from the street or adjoining lots.
C. On-Street Parking. No on-street parking for extended
periods of time o fvehicles owned or operated by lot owners,
or others residing on lots, shall be permitted. d.
Commercial Enterprises. No commercial enterprises may be
permanently operated from any dwelling erected on a lot, with
the exception of Lots 49 and 50. e. Use of Hangars. A
landowner shall not permit any aircraft owner other
thanhimself to use the landowner's hangar, tie-downs or
related facilities for more than thirty (30) days in any
twelve (12) month period. A landowner who is also an aircraft
owner may haveone non-landowner airplane partner. f.
Signs. No signs or billboards of any kind shall be displayed
to the publicview on any vacant or improved lot other than
small signs designating the name of the owner or real estate
signs of not more than four (4) square feet advertising the
home orproperty is for sale or rent. No billboards shall be
allowed on any lot. g. Public Utility and Drainage
Easements. All lots are subject to easementsfor public
utilities and drainage as delineated on the unrecorded plat of
TREASURECOAST AIRPARK. h. Antennas, aerials and wires. No
wires, antennas, aerials or other equipmentshall be installed
upon the ground or the exterior of any building at a height of
more than fifty (50) feet from the ground level. 2.
Nuisances an Nothing shall be done or maintained on any Lot
which may be oris an annoyance or nuisance to other Owners. In
the event of a dispute or questions as towhat may be or is a
nuisance, such dispute or question shall be submitted to the
Board ofDirectors of the Association which shall render a
decision in writing, which decision shall bedispositive of
such dispute in question. 3 . Each owner of lots
containing limited common areas conservation flowageareas as
delineated on the Conceptual Site plan attached hereto as
Exhibit A) shall retainexclusive use of the conservation ion
area(s) located adjacent to his lot, but the owner mayin no
way alter the conservation area(s) from its natural state.
Activities prohibited within theconservation include, hut are
not limited to, construction or placing of buildings on or
abovethe ground; dumping or placing soil or other substances
such as trash; removal ordestruction of trees, shrubs or other
vegetation; excavation, dredging or removal of soilmaterial;
diking or fencing; and any other activities detrimental to
drainage, flood control, water conservation, erosion
control or fish and wildlife habitat conservation or
preservation.
ARTICLE V MISCELLANEOUS PROVISIONS 1. The
Declarant for each Lot owned within the Properties hereby
covenants andeach Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be soexpressed in such deed,
is deemed to covenant and agrees to abide by all rules
andregulations established by the United States Department of
Transportation FederalAviation Administration and by the State
of Florida Department of Transportation Bureau ofAviation
pertaining to use of the Airstrip and Taxiways located within
the Properties. 2. Declarant shall retain ownership of Lot
49 and 50 for the purpose of fuel storage. 3. Enforcement.
The Association or any Owner shall have the right to enforce
byany proceedings at law or in equity, all restrictions,
conditions, covenants, reservations, liensand charges now or
hereafter imposed pursuant to the provisions of this
Declaration. Failureby the Association or by any, Owner to
enforce any restriction, condition, covenant, reservation
or lien or charge herein contained shall in no event be deemed
a waiver of theright to do so thereafter. 4. Severability.
Invalidation of any of these covenants or restrictions by
judgment orCourt order shall in no way affect any other
provisions and they shall remain in full force andeffect.
5. Waiver of Claims against Declarant. Owners hereby
indemnify and holdDeclarant harmless from any liability as a
result of damage or injury to any person orproperty. 6.
Modification. The Declarant hereby expressly reserves the
right in its solediscretion to, at any time, annul, waive,
change or modify any of the restrictions,
conditions, covenants, agreement and provisions contained
in this Declaration as to any Lot or part ofthe Properties
then owned by the Declarant, so long as the Declarant shall
have obtainedthe consent of the majority of the Owners and all
other Lots in the subdivision. 7. Amendment. This
Declaration may be amended at any time and from time totime
upon the execution and recordation in the public records of
St. Lucie County, Florida, of an instrument executed by
owners holding not less than two-thirds (2/3) of the voting
In,) interests of the Association'& membership
provided. however, that any amendment whichwould affect the
surface water management system, including the water
managementportions of the common areas, must have prior
approval of the South Florida WaterManagement District. In
witness thereof, I have hot hereunto act my hand and seal on
the date first above written. witnesses:
STATE OF FLORIDA COUNTY OF ST. LUCIE DANIEL T.
McCARTY, II
I HEREBY CERTIFY that on this 30th day of March, 1988,
before me, theundersigned authority, this day personally
appeared DANIEL T. McCARTY, III, to meknown to be the
individual described in and who executed the foregoing
instrument, andwho acknowledged before me that he executed
same. WITNESS my hand and official seal at Fort Pierce,
St. Lucie. County, Florida, this30th day of March, 1988.
Notary publicMy commission expires: 12-5-92 Prepared
by: R. N. Koblegard, III, Esq. Post Office Box 1000
Fort Pierce, FL 34954 PLEASE NOTE |
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THIS DOCUMENT HAS BEEN SCANNED FROM THE
ORIGINAL DEED RESTRICTIONS AND THUS MIGHT NOT BE EXACT.
PLEASE OBTAIN AN "OFFICIAL" COPY FROM THE COUNTY'S RECORD
OFFICE. |
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Rules and Regulations of Treasure Coast
Airpark Property Owners Association,
Inc |
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Rules
and Regulations of Treasure Coast Airpark Property Owners
Association, Inc.
Treasure Coast Airpark is a private
residential aviation community or owners and guests
only.
All Roads are private and are maintained by the
Association, with a speed limit of 15 mph.
All
Roads have been designated as taxiways for aircraft, and
thus, parking is restricted from inhibiting passage of an
aircraft. See Deed Restrictions, Article IV, 1C.
Only
turf friendly vehicles may operate on the runway and taxiways.
Operations will be limited to the side of the runway and
taxiways, and never in the center. All aviation related
aircraft and the mowing/maintenance service
contracted by the Association are exempt.
No
ATV's may be operated on the common grass areas of the
Airpark, including the runway, taxiways, and all common
easements.
Any motorized vehicle operated by a
minor under the age of 16 years must have a licensed driver on
board at all times when on the common areas.
Any
motorized vehicle operating in the Airpark will require lights
to operate from dusk to dawn.
All property owners will
require all construction and contracted service companies to
clear their debris from the common areas. Any damage to
the common areas, Associations’ equipment or assets will
be the responsibility of the owner.
All dogs,
cats, and household pets will require a leash, when on a
common area.
10. All trash containers shall be removed
from the roadsides within 12 hours of the trash pickup and all
containers shall be placed so as not to inhibit movement of
a taxiing aircraft. |
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Adopted by the Board of Directors January 3,
2004. |
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Attachment 2: Name
Unknown (text/enriched) | |