Dear Lot Owner/Purchaser:
In this booklet you will find a copy of the Articles of Incorporation and by-law’s of the Windover Farms Community Association, Inc.; Declaration of Covenants, Conditions and Restrictions for Windover Farms Units III through VII; and Design Review Committee Guidelines for Windover Farms Units III through VII. Although somewhat lengthy, these documents have been drawn up to offer you, the purchaser, as much protection and as much enjoyment of your area as possible. Attached is an explanation sheet that outlines how the different required fees will be used and how you as an automatic member of the Association will be able to guarantee that the Windover Farms amenities we offer will always be an asset to you and your land.
If you have any questions, feel free to call a member of your Windover Farms Community Association, Inc. Board of Directors, or write to:
Board of Directors
P.O. Box 5546
Titusville, FL
32783-5546
President
Windover Farms Community Association, Inc.
JS:pm
Content Summary
This document contains the Covenants, Conditions, and Restrictions, Design Review Board Guidelines, Articles of Incorporation and By-Laws for Units III through VII of Windover Farms. Windover Farms Community Association, Inc. includes all lots geographically located within Units III through VII of Windover Farms, Titusville. The Long lake Recreation Area membership is mandatory for lots within Windover Farms Community Association, Inc. and optional for those lots located within THE HILLS, EAST HILLS, EAST HILLS II, EAST WINDS, WINDOVER FARMS UNIT I WINDOVER FARMS UNIT II, and WINDOVER FARMS UNIT IIA. All current changes, filed with Brevard County as stated within this document, are located in Section 1, Covenants Conditions, and Restrictions and Section 4, By-Laws. They are recognized by a bar to the right of the changed paragraph.
Summary Information
Windover Farms has become North Brevard's most successful land development project. We have been able to accomplish this because we have put our hearts into the project and the project reflects our intentions.
In keeping with our desire to always improve as we continue, we have made two rather substantial changes to accomplish long-term management of Units III through VII.
1. The amenities* center on the Long Lake Recreational Area which is primarily a very large park. In this park we have two tennis courts, a racquetball/ handball court and a very nice trail for jogging or walking. Mandatory membership fees will be assessed lot owners of Windover Farms Units III through VII. Note that nonpayment of these fees will result in a lien on the property. With this membership fee the Windover Farms Community Association, Inc. will maintain the facilities. The Association requires a $50 initial membership fee and $50 annual membership dues. In addition, we have structured the Association documents so that anyone living in the Windover Farms subdivisions as spelled out in the documents may join the Long Lake Recreation Area if they pay the same dues and fees.
2. The Association will collect from lot owners in Units III through VII a nominal initial fee of
$25 and thereafter an annual $25 fee to go into a special fund for the use of lot owners in Units III through VII. We have done this to provide a fund that Units III through VII lot owners will be able to use to enforce the deed restrictions and for other purposes as the Association may deem appropriate.
Your local cost, then, will be $75 annually; $50 will go toward maintaining the recreational area and $25 to be used solely for the lot owners in Units III through VII. This fee can be raised only by a 2/3 vote** of all the owners.
Please read all the documents before closing for a thorough understanding.
* Restrooms, a pavilion, a soccer field and additional children's play equipment have been added to our amenities.
** Voting percentages are controlled by Section IV "By-Laws".
TABLE OF CONTENTS
Section 1. Owner's
Easements of Enjoyment.
ARTICLE III: UNIT III COMMUNITY ASSOCIATION. INC.
ARTICLE IV: COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation
of the Lien and Personal Obligation of Assessments.
Section 2. Purpose
of Assessments.
Section 3. Type of
Assessments.
Section 4. Uniform
Rate of Assessment.
Section 5. Non-Payment
of Assessments.
Section 6. Subordination
of Lien to Mortgages.
ARTICLE V: DESIGN REVIEW COMMITTEE - (DRC)
ARTICLE VI: RESTRICTIONS ON LOT USES
Section 3. Lots Shall Not Be
Subdivided.
Section 7. Only
Completed Units to be Occupied.
Section 8. Attachments
to Property
Section 10. Easements
to be Unrestricted.
Section 1.Owners'
Responsibilities.
Section 2. Abatement
of Violation.
Section 3. Health
and Safety Hazards.
Section 4. Waiver
of Trespass.
ARTICLE VIII: VEHICLES AND ASSOCIATED USES
ARTICLE IX: LONG LAKE RECREATION AREA
Section 2. Maintenance and Operations.
Section 3. Transfer
of Ownership.
Section 1. General
Intent and Purpose of Declaration.
Section 2. Amendment
and Recision.
ARTICLE XI: DRAINAGE MAINTENANCE AGREEMENT
Statement part of Unit VII
Change:
Natural Terrain and Landscape:
Submission of Items for
Review:
Recommended Building
Materials:
ARTICLE VII: NOTICE & QUORUM
FOR MEETINGS OF THE ASSOCIATION
ARTICLE VIII: BOARD OF
DIRECTORS & OFFICERS
ARTICLE XI: INITIAL
REGISTERED OFFICE & AGENT
Naming of an Agent Upon Whom a Process May be Served
MEMBERSHIP, VOTING, QUORUM, AND PROXIES
Membership in the Long Lake
Recreation Area.
ANNUAL AND SPECIAL MEETINGS OF MEMBERSHIP
Notice of all membership
meetings
The order of business at
annual membership
BOARD OF DIRECTORS AND OFFICERS
B (Applicable
to a 3 member Board of Directors)
B (Applicable
to a 5 member Board of Directors)
(AMENDMENT 9 FEB 1993,OFF.
REC. 3266, PAGE 2132)
F Regular
meetings of the Board of Directors
G Special
meetings of the Directors
H Director
may waive notice of a meeting
I A
quorum of a Directors’ Meeting
J The
presiding officer of Directors’ meetings
K The
Directors shall not receive any compensation.
L Powers
and Duties of the Association
M The
Undertakings and Contracts
Two Budgets for Each Calendar
Year
Proposed Budget Shall be
Mailed
Amendments Transmitted to the
President
Amendments to Become
Effective
Meeting Held to Consider
Amendment(s)
INDIMNIFICATION OF DIRECTORS AND OFFICERS
DECLARATION
OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
WINDOVER FARMS UNIT III THROUGH VII
THIS DECLARATION, made on the date hereinafter set forth by WINDOVER FARMS, INC.
WITNESSETH
WHEREAS, Declarant is the Owner in fee simple of the existing property located in Brevard County, Florida, which is more particularly described in Exhibit "A" attached hereto.
WHEREAS, Declarant has caused to be incorporated under the Laws of the State of Florida, a nonprofit corporation known as WINDOVER FARMS COMMUNITY ASSOCIATION, INC., a non-profit corporation, to provide for the preservation of the values and amenities of WINDOVER FARMS, UNIT III and future units of WINDOVER FARMS, and for enforcement of these Covenants, Conditions and Restrictions collection and disbursement of the assessment and charges hereinafter provided.
NOW, THEREFORE, Declarant hereby declares that all the properties desc4bed above shall be held, sold, conveyed and occupied subject to the following easements and Covenants, Conditions and Restrictions, along with the charges, assessments and liens hereinafter set forth which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, tide or interest in the existing property described above or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
"Association" Shall mean and refer to WINDOVER FARMS COMMUNITY ASSOCIATION, INC., A Florida corporation, its successors and assigns.
"Owner" Shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple tide to any Lot which is a part of the Existing Property in WINDOVER FARMS, UNIT III, WINDOVER FARMS, UNIT IIIA, WINDOVER FARMS, UNIT IV, WINDOVER FARMS, UNIT V, WINDOVER FARMS, UNIT VI, WINDOVER FARMS, UNIT VII and Additional Units of WINDOVER FARMS, but excluding those having such interest merely as security for the performance of an obligation.
"Existing Property" shall mean and refer to that certain real property described at the beginning of this Declaration.
"Lot" shall mean and refer to the individual parcels of land of WIND OVER FARMS, UNIT III, WINDOVER FARMS, UNIT IIIA, WINDOVER FARMS, UNIT IV, WINDOVER FARMS, UNIT V, WINDOVER FARMS, UNIT VI, WINDOVER FARMS, UNIT VII and further Units of WINDOVER FARMS.
"Declarant" shall mean and refer to WINDOVER FARMS, INC., a Florida corporation, its successors and assigns.
"DRC" shall mean and refer to the Design Review Committee established under Article V hereof.
"Community" shall mean and refer to WINDOVER FARMS COMMUNITY ASS OC~ON, INC., and shall consist of all land subject to the jurisdiction of WINDOVER FARMS COMMUNITY ASSOC~ON, INC.
"CCRs" shall mean and refer to the covenants, conditions and restrictions of this Declaration.
"Board" shall mean and refer to the Board of Directors of WINDOVER FARMS COMMUNITY ASSOCIATION, INC.
"Additional Property" shall mean and refer to any future Units of WINDOVER FARMS which may be submitted to regulations of this Declaration.
Every owner shall have a right and easement of enjoyment in and to the Common Area of WINDOVER FARMS, UNIT III, hereinafter sometimes referred to as the "Long Lake Recreation Area". The right and easement of enjoyment of said Long Lake Recreation Area shall be appurtenant to and shall pass with the tide to every Lot in WINDOVER FARMS, UNIT III, WINDOVER FARMS, UNIT IIIA, WINDOVER FARMS, UNIT IV, WINDOVER FARMS, UNIT V, WINDOVER FARMS, UNIT VI, WINDOVER FARMS, UNIT VII, and additional property, subject to the following provisions:
Any Owner may delegate his right of enjoyment, as provided in Section 1 above, to the Common Area and facilities to the members of his family, his tenants or purchasers who reside on the property.
Every Owner of a Lot is subject to assessment as provided in Article IV below, shall be a member of the Association.
The Association shall have three (3) classes of voting membership with all rights and duties as described in Article V of the Articles of Incorporation of the Association, which are hereby incorporated by reference.
Annual Meetings of the Association shall be held for the purpose of electing the officers and directors of the Association, pursuant to the Articles of Incorporation of the Association and its By-Laws and for such other business, which shall be appropriate.
The Declarant, for each Lot Owned within the Existing Property and any Additional Property hereby covenants, and each Owner of any Lot by acceptance of deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the assessments or charges, specified in Section 3, hereunder. Said assessments or charges, together with interest, costs and reasonable Attorney's fees incurred in the collection thereof, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made and shall also be a personal obligation of the person who was the Owner of such property at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. The Declarant shall not be liable for assessment
The assessments levied and collected by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners in the Community, including but not limited to:
There shall be (4) four types of assessments:
A. An initial assessment of TWENTY-FIVE ($25.00) shall be paid to the Association by the purchaser of any Lot of either the Existing Property or any Additional Property at the time of the initial purchase of such Lot from Declarant.
B. An annual assessment of TWENTY-FIVE ($25.00) for each Lot shall begin on January 1, 1981 and each and every January 1st thereafter and shall be payable by the record Owner on or before January 20th of that year and each year thereafter.
After January 1, 1981 the amount of the annual assessment provided may, after consideration of the needs of the Association, be lowered by the Board but said annual assessment may only be increased by the affirmative vote of at least two-thirds (2/3) of Lot owners. The maximum annual assessment against any Lot shall be no greater than two percent (2%) of the value of said Lot as determined on the then current tax roll of the Brevard County Property Appraiser.
C. An annual assessment of $50.00 for each Lot for the maintenance and operation of the Long Lake Recreational Area as designated on the Plat of WINDOVER FARMS, UNIT III. The Assessment shall become a lien upon the property as of January 1st of each year. However, the Board of Directors of the Association, by Resolution, may determine whether such lien is payable in monthly or annual installments. After January 1, 1981, the Board may adjust the amount of assessment. However, any increase must be approved by two-thirds (2/3) of the membership. No portion of this assessment may be used for any purpose other than Long Lake Recreation Area as provided for in Articles of Incorporation of the Association.
D. In addition to the assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only for such purposes as the Association members may deem necessary, provided that any such assessment shall have the assent of two-thirds (2/3) of the vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Assessments must be fixed at an equal dollar amount for all Lots.
Any assessment not paid within 30 days after due date shall bear interest from the due date at a rate no higher than the maximum rate permissible by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or may foreclose the lien against the property.
The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage now or hereafter placed on the properties subject to assessment Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments, which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
A Design Review Committee, (DRC), composed of at least three (3) persons, who need not be members of the Association, shall be appointed by the Board for a term of one (1) year, said term to be served concurrent with the term of the members of the Board.
No grading, clearing or extensive interference with the natural landscape of any Lot shall be commenced, nor any building, fence, wall, enclosure or any other construction begun or altered until complete plans and specifications showing the design, type of materials, extent and location of the project have been submitted to the DRC and approved in writing as to environmental compatibility, harmony of design and location in relation to surrounding structures and topography.
In the event that the DRC falls to take action on any plan as provided in Section 2, above, within thirty (30) days after submission of the same, said plans and specifications shall be deemed to have been approved as submitted and no further action shall be required, providing that there is no violation of any of the CCRs contained elsewhere herein.
The uses permitted on any Lot in the Existing Property or any Additional Property shall be the uses permitted by the Code of Laws and Ordinances of Brevard County, Florida, as presently existing and as they may be amended from time to time in the future, except that in any case where said uses may be inconsistent with these CCRs or where the uses permitted under these CCRs are more restrictive than said permitted uses under the Code of Laws and Ordinances of Brevard County, Florida, the CCRs shall control. The decision of the DRC shall be final and binding should any dispute or misunderstanding arise concerning the matters contained in Articles V and VI of this Declaration, unless such decision is appealed to a court of competent jurisdiction.
No Lot shall be used in whole or in part for anything other than single-family residential purposes, except that the Declarant and/or builders may maintain offices and model units relating only to sales of Lots or units within the Community.
No Lot shall be subdivided or reduced in size.
All buildings shall be set back not less than fifty (50) feet from all Lot lines facing existing or platted streets and not less than twenty (20) feet from all rear Lot lines and twenty (20) feet from side Lot lines.
(1) Feet from Turkey Point Drive:
|
Lot 377 |
296.54 feet |
|
Lot 376 |
320.00 feet |
|
Lot 373 |
302.09 feet |
|
Lot 372 |
300.00 feet |
|
Lot 354 |
436.27 feet |
|
Lot 355 |
315.00 feet |
|
Lot 369 |
242.43 feet |
|
|
|
(2) Feet from Windover Way:
|
Lot 305 |
300.00 feet |
|
Lot 306 |
350.00 feet |
|
Lot 384 |
300.00 feet |
|
Lot 385 |
300.29 feet |
|
Lot 390 |
300.00 feet |
|
Lot 391 |
300.00 feet |
|
Lot 396 |
293.00 feet |
|
Lot 398 |
241.90 feet |
|
Lot 399 |
298.62 feet |
|
Lot 402 |
300.00 feet |
|
Lot 403 |
300.00 feet |
|
Lot 407 |
300.00 feet |
|
Lot 414 |
300.10 feet |
|
Lot 415 |
300.10 feet |
|
Lot 428 |
300.00 feet |
|
Lot 429 |
300.00 feet |
|
Lot 440 |
300.00 feet |
|
Lot 447 |
150.00 feet |
|
Lot 505 |
300.00 feet |
|
Lot 506 |
300.00 feet |
|
Lot 509 |
300.00 feet |
|
Lot 510 |
300.00 feet |
|
Lot 513 |
300.00 feet |
|
Lot 514 |
300.00 feet |
|
Lot 517 |
300.00 feet |
|
Lot 518 |
300.00 feet |
|
Lot 521 |
300.00 feet |
|
Lot 522 |
600.00 feet |
|
Lot 525 |
306.60 feet |
|
Lot 526 |
313.50 feet |
|
Lot 530 |
300.00 feet |
|
Lot 531 |
297.33 feet |
|
Lot 541 |
300.00 feet |
|
Lot 542 |
344.20 feet |
|
Lot 547 |
313.13 feet |
|
Lot 548 |
326.92 feet |
|
Lot 553 |
435.00 feet |
|
Lot 554 |
424.19 feet |
|
Lot 560 |
357.59 feet |
|
Lot 561 |
346.41 feet |
|
Lot 564 |
325.00 feet |
|
Lot 565 |
306.73 feet |
|
Lot 571 |
375.00 feet |
|
Lot 579 |
278.07 feet |
|
Lot 580 |
275.59 feet |
|
Lot 585 |
300.00 feet |
|
Lot 586 |
300.00 feet |
|
Lot 591 |
300.00 feet |
|
Lot 592 |
300.00 feet |
|
Lot 597 |
300.00 feet |
|
Lot 605 |
300.00 feet |
|
Lot 598 |
300.00 feet |
|
Lot 610 |
390.00 feet |
|
Lot 604 |
300.00 feet |
|
Lot 609 |
350.00 feet |
|
|
|
(3) Feet from Mourning Dove Court:
|
Lot 313 |
122.00 feet |
(4) Feet from Long Lake Drive:
|
Lot 345 |
335.60 feet |
|
Lot 347 |
358.50 feet |
|
Lot 353 |
316.00 feet |
|
|
|
(5) Feet from Heron Court:
|
Lot 457 |
220.00 feet |
|
Lot 306 |
350.00 feet |
(6) Feet from Egret Court:
|
Lot 468 |
252.00 feet |
(7) Unit VII Feet from Street
|
Lot 13 |
119.82 ft |
|
Lot 14 |
119.82 ft |
|
Lot 37 |
548.73 ft |
|
Lot 38 |
36023 feet |
The minimum square footage for a single-family residence shall be 1200 square feet, excluding garages, porches, and other non-living areas.
No trees measuring more than six (6) inches in diameter at one (1) foot above the natural grade of the land may be removed from any Lot without written approval of the DRC.
No building or structure shall be occupied until it is completed and complies in full with the terms of this Declaration. No temporary structure, trailer, basement, garage or other out building shall at any time be used on any Lot as a residence either temporarily or permanently.
No signs other than those of the Declarant or the name and address of the homeowner shall be permitted on any Lot or improvements thereon without the written approval of the DRC, except real estate signs less than six (6) square feet which are permitted.