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TREASURE COAST AIRPARK BY-LAWS
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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 years 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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