This AMENDED DECLARATION made as of _Oct 13, 1996 by Arbor Court Property Owners Association, Inc, a Florida not for profit corporation, hereinafter referred to as the "Association", and the members of the Association, hereinafter referred to collectively as the "Members", the Association and the Members being sometimes hereinafter referred to collectively as the" Declarants".

WITNESSETH:

WHEREAS, Meadowcrest Single-Family Development corporation, hereinafter referred to as the "Developer", on August 30, 1985, executed a certain instrument entitled" Declaration of Covenants, Conditions and Restrictions for Arbor Court", recorded in the Public Records of citrus County, Florida, in Book 678 Page 1651, hereinafter referred to as the "Original Declaration": and

WHEREAS, the original Declaration granted and/or imposed certain easements, conditions, covenants and restrictions with respect to certain real property known as Arbor court, located in Meadowcrest, crystal River, Florida and more particularly described in the Original Declaration, said real property being hereinafter referred to as the "Subject Property"; and

WHEREAS, the Developer conveyed all of the individual lots, as hereinafter defined, to various purchasers thereof by various deeds at various times, and conveyed the common area, as hereinafter defined, to the Association by deed dated March 8, 1988 and recorded in the Public Records of citrus County in Book 772, Page 1539; and

WHEREAS, the Declarants, as the owners of the Subject Property, wish' to amend and by virtue of this instrument do hereby amend the original Declaration, pursuant to Article X, section 3 thereof;

NOW THEREFORE, the Declarants do hereby declare that the Subject Property shall be held, transferred and conveyed subject to and together with the following easements, conditions, covenants and restrictions, for the purpose of protecting the value of the Subject Property, which said easements, conditions, covenants and restrictions shall run with the land and shall be binding on and shall inure to the benefit of any and all parties having any right, title or interest .in the subject Property, or
any part thereof, their heirs, successors and assigns.

ARTICLE I
DEFINITIONS

Section 1.
"Common Area" shall refer to all real and/or personal property which the Association owns for the common use and enjoyment of the Members or the Association, and all real or personal property in which the Association has an interest for the common use and enjoyment of Members. The Common Area is described in Schedule "A", attached to the original Declaration. The Association is responsible only for the maintenance of the property owned by the Association. All Common Area is to be diverted to and intended for the common use and enjoyment of the members of the Association, their families, guests, or tenants occupying lots as hereinafter defined.

Section 2.
"Lot" shall mean and refer to any parcel of the Subject Prcpoerty, together with any and all improvements thereon, whether or not platted in the Public Records of citrus County, Florida, on which a single family residence, or structure, according to the terms of this Declaration, is or could be constructed.

Section 3.
"DAB" shall mean the Design Advisory Board for Arbor Court, appointed in accordance with Article V.

Section 4.
"Owner' shall mean and refer to the record owner, or owners, of a fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 5.
"Member' shall mean and refer to every person or entity who is a record, fee simple owner of a Lot, provided that any such person or entity who holds such interest only as security for the performance of an obligation shall not be a Member. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to any assessment.

ARTICLE II

PRQPERTY RIGHTS

Section 1. Owners' Easement of Enjovment.
Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;

b) the right of the Association to suspend the right to use any recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid: and for a period not to exceed three months for violation of any of the covenants and restrictions of this Declaration or any of its published rules and regulations.

c) the right of the Association to dedicate or transfer all or any part of the Common Area or to grant easements or licenses aver, across and upon the Common Area, to any public agency, authority, utility or other party, public or private, for such purposes and subject to such conditions as may be agreed to by the Association.

Section 2. Deleqation of Use.
Any Owner may delegate his right of enjoyment to ,the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the Lot.

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

Section L
The Association shall have one class of voting membership.

Section 2.
All Members shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.

ARTICLE IV

COVENANT POR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obliqation of Assessments. Each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements and major repairs, sum assessment to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each sum assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the "'time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to the owner's successors in title unless expressly assumed by them.

Section 2. Purpose of Assessments.
The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the M embers and for the improvement and maintenance of the Lots and Common Area, subject to the further provisions hereof.

Section 3. Annual Assessments.
Except as hereinafter provided, the annual assessments, excluding any special assessment for capital improvements or major repairs, shall be determined by the Board of Directors of the Association. The Board shall fix the amount of assessments, which shall be amounts determined in accordance with the projected financial needs of the Association, as to which the decision of the Board shall be dispositive.

 
Section 4. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a capital improvement in the Common Area, including necessary fixtures and personal property related thereto, as approved by the Board.

Section 5. Uniform rate of Assessment.
Both annual and special assessments must be fixed at a uniform rate for each type of Dwelling unit and may be collected on a monthly basis.

Section 6. Single Dwellinq Assessments.
In addition to the annual and special assessments authorized above, the Association may levy single unit assessments applicable only to a specific Lot that has failed to meet its maintenance obligations and/or failed to meet insurance or repair obligations set forth in Article VII. The single dwelling assessments shall have the approval of two-thirds (2/3) of the Board of Directors.

Section 7. Date of Commencement of Annual Assessments: Due Dates. The assessments for which provision is herein made shall commence on the date or dates (which shall be the first day of the month), fixed by the Board to be the date of commencement. The due date of any assessment shall be fixed in the resolution authorizing such assessments, and such assessment shall be payable in advance in monthly, quarterly, semi-annual or annual installments, as determined by the Board.

Section 8. Duties of the Board of Director__
The Board shall fix the date of commencement, and the amount of, the assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period, and shall at that time, prepare a roster of Lots and assessments applicable thereto, which shall be kept in the office of the Association and shall be opened to inspection by any Owner. Written notice of the assessment shall be sent to every Owner not later than seven (7) days after' fixing the date of commencement thereof.

The Association shall, upon demand at any time, furnish to any Owner liable for an assessment, a receipt in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such receipt shall be conclusive evidence of payment.

Section 9.

Effect of NonPaymment of Assessments:

Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the current prime rate of interest being charged by The Chase Manhattan Bank in New York City, New York. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the Common Area or abandonment of a Lot.

 
Section 10. Subordination of the Lien to Mortgages.

The lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien, except pursuant to mortgage foreclosure or any proceeding in lieu thereof. No sale or transfer shall relieve such Lot or Owner from liability for any assessment thereafter becoming due or from the lien thereof.

ARTICLE V

ARCHITECTURAL CONTROLS

Section 1.

Creation of Desiqn Advisory Board.

The Board of Directors shall appoint a committee to be known as the Design Advisory Board, consisting of three (3) or more Members who shall serve at the pleasure of the Board.

Section 2. Alterations. Additions and Improvements. No Owner shall make any alteration, or undertake any exterior repainting, repair, or addition to the Owners dwelling which could substantially alter the structure or appearance thereof, without the prior written approval of the DAB. The DAB may require plans and specifications, drawings, or other details of the proposal.

Section 3. Miscellaneous Additions and Alterations. No building, fence, wall or other structure shallbe erected or maintained on any Lot nor shall any exterior addition be made.

Section 4. Approval of DAB How Evidenced. Whenever approval of the DAB is requested or required, its decision shall be in writing. In the event the DAB fails to approve or disapprove within thirty (30) days after receipt of a written request to do so, approval shall be deemed to have been given.'

ARTICLE VI

EASEMENT RESERVED TO ASSOCIATION

Section 1. Easement over Common Area. For so long as it is the owner of the Common Area, the Association reserves unto itself the right to grant easements in perpetuity over, upon, under and across all Common Areas and such easements shall include, but shall not be limited to, the right to erect, maintain and use electric and telephone poles, wires, cables, conduits, sewers, water mains, telephone equipment, gas lines, sewers, television cable, or other public conveniences or utilities; the right to cut trees, bushes or shrubbery, make any gradings of the soil, or take any other similar action reasonably necessary to provide economical and safe public convenience or utility installation or to provide for drainage and to maintain reasonable standards of health, safety and appearance; and the right to locate wells, pumping stations and tanks. Nothing herein contained shall be considered an obligation to provide, or maintain any such utility or service.

 
Section 2. Establishment of Easements. All easements as provided for in this Article, shall be established by one or more of the following methods:

        (a) By a specific designation of an easement on the recorded plat of the property; or
        (b) By a separate instrument referencing this Article VI, said instrument to be subsequently recorded.

Section 3. Easements and Encroachments. There shall exist reciprocal appurtenant easements between adjacent Lots and between each Lot and any portion or portions of the Common Area adjacent thereto, for any encroachment due to unwillful placement, settling, or shifting of the improvements constructed, reconstructed or altered thereon, provided such construction, reconstruction, or alteration is in accordance with the terms of this Declaration. Such easements shall exist to a distance of not more than one foot (1') as measured from any point on the common boundary between adjacent Lots and between each Lot and any adjacent portion of the Common Area, along the line perpendicular to such boundary at such point. No easement for encroachments shall exist as to any encroachment occurring due to the willful conduct of any Owner.

ARTICLE VII

GENERAL RESTICTIONS

Section 1 General Restrictive Covenants. The general restrictive covenants contained in the Article shall apply uniformly to all Lots.

Section 2. Residential Use Only. No Lot shall be used for any purpose other than residential. The term "residential" shall exclude any commercial use, including professional office use of any portion of any Lot. No portion of a Lot may be subdivided.

Section 3. No Temporary structures. No structures or vehicles of a temporary nature, including, but not limited to, a trailer, house trailer, recreational vehicle, motor home, mobile home, camper, tent, shack, shed, boat, barn or other similiar structure or vehicle, shall be used or permitted to remain on any Lot, or other living quarters whether temporary or permanent, unless first approved by the DAB.

Section 4. Parkinq Restrictions. No vehicle of any kind, including an automobile, van, truck, boat, tractor, trailer, mobile home, camper, motor home, motorcycle or other vehicle shall be parked on the street, including the entire right-of-way thereof, or on the grass alongside any street, at any time. Except for passenger automobiles, no vehicle of any kind may be parked overnight or for a continuous period in excess of (10) consecutive hours, without the express consent of the DAB, unless located wholly within a fully enclosed structure in the building located thereon and shielded from view.

Section 5. storage Restrictions. No vehicle of any kind which contains lettering or advertising thereon or which is identified with a business or commercial activity, including any automobile, truck or other commercial vehicle, tractor, bus, house trailer, recreational vehicle, mobile home, motor home, camper, boat, boat and trailer, or other similar vehicle shall be parked for any period of time in exesss of ten (10) consecutive hours or stored or otherwise permitted to remain in any Common Area designated for parking, paved or non-paved.

Section 6. Livestock and Animal Restrictions. No animals of any kind or size shall be raised, bred, or kept on any Lot provided, however, that dogs, cats or other common domesticated household pets may be raised and kept provided such pets are not kept, bred or maintained for any commercial purposes. Such permitted pets shall be kept on the Owner's Lot and shall not be allowed off the premises except on a leash. No permitted pet shall be allowed to make a noise in a manner or of such volume as to annoy or disturb other Owners.

Section 7. Restriction on Activity. No obnoxious or offensive activity shall be conducted or permitted to exist upon any Lot nor shall anything be done or permitted to exist on any Lot that may be or may become an annoyance or private or public nuisance. No Lot, driveway, or Common Area shall be used for the purpose of vehicle repair or maintenance.

Section 8. Restrictions on Walls, Fences, or Hedqes. No wall, fence, or hedge shall be erected, placed, altered, maintained or permitted to remain on any Lot unless and until the height, type and location thereof has been approved by the DAB in accordance with Article V thereof. No wall, hedge or fence of any kind, height, or use shall be constructed or placed along or adjacent to the front Lot line.

Section 9. Sewaqe Restrictions. No septic tank, drain field, mobile home storage tank, or other similiar container, nor any water wells shall be permitted to exist on any Lot.

Section 10. Aerial Restrictions. No tower or transmitting or receiving aerial, or any aerials or antennas whatsovever, shall be placed or maintained upon any Lot or any building or structure, including the normal antennas used for radio and television, unless first approved in writing by the DAB. The installation of a satellite receiving dish is not Permitted. If not already connected, each owner shall be required to connect to the television cable at the Owner's expense. At the time of the connection, the Owner shall be required to remove any television antenna or similar tower from the property, if any.

Section 11. Insect and Fire Control. In order to implement effective insect, reptile and woods fire control, the Association shall have the right, but not the duty, to enter upon any Lot, such entry to be made by personnel with tractors or other suitable dev ices, for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, which in the opinion of the Association detracts from the overall beauty, setting and safety of the Property. Such entry shall not be deemed a trespass but a license coupled with an interest. The Association and its agents may likewise enter upon any such Lot to remove any trash which has <x>llected on such Lot without such entry and removal being deemed a trespass. The provisions of this section shall not be construed as an obligation on the part of the Association to mow, clear, cut or prune on any Lot nor to provide garbage or trash removal services. The costs incurred by the Association in exercising its rights under this section may be treated by the Association as a special assessment against the Owner of the Lot and shall in every respect constitute a lien on the Lot as would any assessment or special assessment.

Section 12. Siqns.
No signs of any kind shall be erected or maintained on any Lot except with the written permission of the Association or except as may be required by law; it being understood that the Association will not grant such permission unless their erection is reasonably necessary to avert serious hardship to the Owner. Such prohibition shall not apply to common commercial real estate signs advertising that a particular Lot is for sale, provided that such signs are not illuminated and do not exceed 6" x 8" in size and shall not be placed within fifteen (15) feet of the front Lot line. If permission is granted for any other signage, the Association shall have the right to restrict size, color, and content of such signs.

Section 13. Exterior Maintenance.
The Association shall have the right, but not the duty, to provide all exterior maintenance, including painting and repairs to walls and roofs. Additionally, the Association shall have the right, but not the duty, to perform landscaping and lawn maintenance for any areas not walled or fenced in for the use as a patio or a yard. The Association shall also have the right, but not the duty or obligation, to make reasonable repairs
and perform reasonable maintenance in its sole discretion, after a notice to an Owner of a Lot to perform maintenance and failure by the Owner to Perform said maintenance. Any and all costs incurred by the Association in performing repairs and maintenance under this section shall be reimbursed by the Owner and if the Owner fails to do so, then the Association shall have the right to impose a special assessment against said Owner for the amount of such costs. Such assessment shall in every _ constitute a lien on the Lot as would any other assessment or special assessment by the Association" The Association shall have the right to enter upon any Lot or upon the exterior of any structure located on any Lot for the purpose of performing repairs and maintenance as provided in this Section, and any such entry by the Association or its agent shall not be deemed a trespass.

Section 14. Allowable Trim and window Coverinqs. No Owner or tenant of an Owner shall install shutters, awnings, or other exterior trim without prior written approval of the DAB. No reflective foil, tinted glass, or other material shall be permitted on any windows except for tinted bronze glass which shall require approval of the DAB.

Section 15. Owner's Responsibility. Each individual Owner shall have the responsibility to maintain the post light on the Owner's Lot in good working order so as to be lighted from dusk to dawn, as well as to maintain the interior of the Owner's residence. In the event the interior of said residence is damaged so as to create a health or safety hazard to an adjoining residence or to create a nuisance and such damage is not repaired within thirty (30) days from the occurrence of the damage, then in such an event, the Association shall have the right to make reasonable repairs to the interior of such residence and shall be entitled to make a special assessment against the Owner for the costs of such repairs. Such assessment shall in every respect constitute a lien on the Lot as would any other assessment or special assessment by the Association.

Section 16. Access at Reasonable Hours. For the sole purpose of performing any maintenance or repairs authorized by this Declaration, the Association, through its duly authorized agents, contractors or employees, shall have a license, which shall be exercisable after reasonable notice to the Owner, to enter upon any Lot or, after reasonable notice to the owner, to enter any residence at reasonable hours on any day of the week.

Section 17. Tree and Shrub Restrictions. Trees and shrubs shall not be planted or :removed without prior approval of the DAB. Requests for such approval shall be submitted to the DAB along with a drawing showing the location of such tree or shrub.

Section 18. Replacement of Trees and Shrubs. Anyone removing a tree or shrub in violation of the provisions of section 17, above, shall be required to replace such tree or shrub with one of like kind, size and condition within thirty (30) days after demand by the DAB. If the Owner fails or refuses to do so, the Association shall cause a suitable replacement to be planted and the cost thereof shall be a lien against the Owner's Lot. The Owner hereby grants to the Association, its agents and employees, as easement of ingress and egress over and across said Lot to enable it to comply with section 17 and this section 18.

Section 19. Lawns and Landscap_ All lawns on all sides of any Lot shall extend to the pavement line. No additional strips, driveways or paved areas shall be allowed beyond those already in place. The lawn area on all sides of a structure, up to and including the Lot line shall be completely sodded with grass and a watering system, capable of keeping said grass sufficiently irrigated, it being the DAB's intent that the lawn area shall be uniform, green, luxuriant, and well kept.

No Owner shall plant or place any shrubbery, hedges, trees or other plantings on any part of the Lot, either within or outside the Owner's Lot in a location or manner which does or may obstruct grounds maintenance performed and to be performed by the Association. Prior to any planting, the Owner must receive written approval of the DAB.

Section 20. Rules and Regulations. Reasonable rules and regulations concerning the use of the Common Area may be made and amended from time to time by the association. Copies of such rules and regulations and amendments thereto shall be furnished by the Association to all Owners and residents of Arbor Court upon request.

section 21. Party Walls. All common or party walls shall be maintained by the Owners of those dwellings adjoining a party wall, subject to the right, but not the obligation, of the Association to maintain the same as hereinafter set forth. If an Owner, or an agent, guest, invitee, tenant, or other person whose presence is authorized by an Owner damages a party or common wall, or causes damage to the person or property of an adjoining Owner Or tenant as a result of damage to a party or common wall, arising from the negligence or intentional acts of said Owner or the Owner's tenant, agent, guest, invitee, or other authorized person, then said Owner shall be liable and responsible for such damages and for any costs incurred by the Association or adjoining Owner or tenant in making needed repairs.

All costs of repairing or reconstructing a party wall which is damaged or destroyed as a result of acts or events other than those enumerated in the first paragraph of this Section 21, above, shall be borne equally by the Owners of the dwellings adjoining such party wall. In the event one Owner bears all of such costs, the Owner of the adjoining dwelling shall pay to the Owner who bore such costs one-half (1/2) of the amount thereof. Either adjoining Owner and the Association shall have the right to enter on the other adjoining Lot and into the adjoining dwelling, after notice, for the purpose of repairing or reconstructing the party wall where a threat to life or property exists and a failure to act will perpetuate that threat.

Either adjoining Owner shall have an equal right to use a party wall for the support of structural members of a dwelling to be constructed or reconstructed on either adjoining Lot. This right shall be subject, however, to payment by the Owner seeking to tie into the party wall of any costs and payment of any damage occasioned therefrom. Each party wall shall be subject to an easement of support for adjoining dwellings subject to payment of costs as provided above and shall be subject to an assessment for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services to adjoining dwellings.

Section 22. Drilling oil, etc. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or on any Lot, nor shall oil wells, tanks, mineral excavations or shafts be permitted upon or on any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.

Section 23. Garbaqe Containers. No garbage or trash incinerator shall be placed or permitted to remain on a Lot. All owners shall keep and maintain on their Lot covered garbage containers in which all garbage shall be kept until removed from said Lot. Such garbage container shall be kept at all times within the residence or garage.

Section 24. Outdoor Drying and Cleaning, Garage Sales, etc. No patios or walled-in areas shall be used for hanging garments or other objects, or for cleaning of rugs or for other household items. No drying of laundry shall be permitted outside the Owner's or occupant's dwelling. No sales of personal property, such as garage, yard, tag, or similar sales shall be allowed on any Lot.

Section 25. Lawn Ornaments. No lawn ornaments, bird feeders or baths, statues, basketball hoops, permanent flag poles or swingsets shall be allowed unless first approved by the DAB. Seasonal decorations for holidays such as Halloween, Christmas, Thanksgiving, etc. shall be allowed for reasonable periods of time.

Section 26. Mail Boxes and Newspaper Receptables. No mail box or newspaper receptacle or other receptacle of any kind for use in the delivery of mail, newspapers, or similar material shall be erected or located on any Lot or any roadway area.

Section 27. Public Liability Insurance.
(a) The Association shall maintain public liability insurance in the name of the Association against any liability for personal injury or property damage resulting from any occurence in or about the Common Area, in an amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) in indemnity against the claim of one (1) or more persons in anyone (1) accident or event and not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) for damage to property in anyone (1) accident or event.

(b) Copies of all such insurance policies (or certificates thereof) showing the premiums thereon to have been paid shall be retained by the Association and open for inspection by the Owners upon request.

Section 28.
Insurance on Dwellinqs and Duty to Repair.

A. Insurance Requirement. Each owner shall maintain adequate insurance on the Owner's dwelling, insuring it for its full replacement cost with no deductions for depreciation, against loss by fire and other perils. Such insurance shall be sufficient in an amount to cover full replacement cost, or necessary repair or reconstruction work. Such insurance shall provide for at least ten (10) days written notice to the Board of Directors before the policy can be cancelled. Each Owner shall be required to supply the Board of Directors with evidence of insurance coverage which complies with the provisions of the section 28.

B. Insurance Provisions. Each owner shall be required to supply the Board of Directors annually with evidence of insurance coverage on his Dwelling which complies with the provisions of this section.

C. Associations's Riqht to Insure. If the insurance provided for under this Article has not been adequately obtained by each Owner, as determined by the Board of Directors, the Board shall have the right, but not the duty, to obtain such coverage as it deems necessary or desirable to provide for the continued maintenance and support of separately owned dwelling units, which shall include common party walls, connected exterior roofs and other parts of the overall structures. Such insurance shall be written in the name of the Association, as Trustee for the benefit of the applicable Owners. Premiums for such insurance shall be a lien on the insured Owners Lot until paid and may be made a single unit assessment pursuant to Article IV, section 6.

D. Repair or Replacement of Damaqed or Destroved Property. Each Owner shall be required to reconstruct or repair any dwelling damaged or destroyed by fire, or other peril. If no repair or reconstruction has been contracted for or otherwise substantially started by the Owner within sixty (60) days, the Board of Directors has the right, but not the duty, to undertake repairs or reconstruction in a good and workmanlike manner in conformance with the original plans and specifications and applicable Citrus County Land Development Codes. The contract or contractors selected to perform the work shall provide appropriate licenses, permits and proof of insurance unless such requirement is waived by the Board of Directors. Any costs and expenses incurred by the Association under the provisions of this paragraph shall be a lien on the Owner's Lot and may be made a special single dwelling assessment pursuant to Article IV, section 6.

E. Administration Fee. Should the Association obtain the insurance coverage on a dwelling pursuant to paragraph C of this Section 28, the Association may charge and the applicable Owner shall be responsible for, as a special assessment against the Lot, an administration fee of $200.00.

F. Failure to Obtain Insurance. Notwithstanding anything to the contrary herein, the Association and its Directors and Officers, shall have no liability whatsoever should the Association fail for any reason to obtain the insurance referred to in this section 28.

Section 29.
Leases or Rentals.

No dwelling shall be leased or rented unless the rental is evidenced by a written lease providing for a term of not less than one (1) month.

ARTICLE VIII
COVENANTS AGAINST PARTITION AND SEPARATE TRANSFER OF MEMBERSHIP RIGHTS

Recognizing that the full use and enjoyment of any Lot is dependent upon the right to the use and enjoyment of the Common Area and that it is in the interest of all of the Owners that such right be retained by each of the Owners, it is therefore declared that the right to the use and enjoyment of the Common Area shall remain undivided, and the Owners shall have no right at law or in equity to partition or severance of such right. In addition, there shall exist no' right to transfer the right to the use and enjoyment of the Common Area in any manner other than as anpurtenance to and in the same transaction with, a transfer of title to a Lot. Any conveyance or transfer of a Lot shall include the right to the use and enjoyment of the Common Area appurtenant to such Lot, subject to reasonable rules and regulations promulgated by the Association, whether or not such right shall have been described or referred to in the deed by which said lot is conveyed.

ARTICLE IX
MEADOW CREST COMMUNITY ASSOCIATION, INC.

All Owners in Arbor Court are subject to membership in and assessments for Meadowcrest community Association, Inc. The restrictions, privileges and duties of the Community Association are set forth in the Declaration of Covenants, Conditions, and Restrictions for Meadowcrest Community, as recorded in Official Records Book 647, Page 1961; and re-recorded in Official Records Book 649, Page 857, and as amended in Official Records Book 678, Page 1502-1525, public records of citrus County, Florida.

GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Asscociation or any Owner to utilize such right shall in no event be deemed a waiver of such right.

Section 2. Severability. In the event that any provision of this Declaration be held to be invalid or unenforceable by a court of competent jurisdiction, it shall in no way affect any other provisions hereof, which shall remain in full force and effect.

Section 3. Amendments. This Declaration may be amended by the Board of Directors, in whole or in part, at any time or from time to time, subject to approval by a majority of all of the Members.

Section 4. Subordination. No breach of any of the conditions herein contained or re-entry by reason of such breach shall defeat or render invalid the lien of any mortgage made in good faith and for value as to the Subject Property or any Lot therein; provided, however, that such conditions shall be binding on any Owner whose title is acquired by forclosure, deed in lieu of foreclosure, trustee's sale, or substantially similar means.

Section 5. Duration. the covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or any Member in perpetuity.

Section 6. Remedies for violation. Violation or breach of any condition, covenant or restriction herein contained shall give the Association or the Owners, in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms hereof and/or to prevent or require cessation of the violation or breach, providing such proceeding results in a ruling by the court that such person or persons did in fact commit such violation or breach. Expenses of the litigation shall include reasonable attorney's fees incurred by the Association, or Owner(s) seeking such enforcement.

Section 7. Usaqe. Whenever used herein the singular shall include the plural and the plural the singular, and the use of any gender shall include all genders.

Section 9. Effective Date. This Declaration shall become effective upon its recordation in the public records of citrus county, Florida.

IN WITNESS WHEREOF. the Members whose signatures appear below, constituting at least two thirds (2/3) of all Members, and the Association, have caused these presents to be executed as of the date first above written

WITNESS:

ARBOR COURT PROPERTY OWNERS ASSOCIATION, INC.

E.A Augustine, President
Attest: Carol Parsons, Secretary

State of Florida County of Citrus

The foregoing instrument ,..as acknowledged before me this 15th day of October, 1996, by E.A Augustine and Carol Parsons, the President and Secretary, respectively, of Arbor Court Property Owners Association, Inc, a Florida not for profit corporation, on behalf of the corporation. Both of said individuals are personally known to me.
JOSEPH W, RIGNEY

Updated 12/11/2007

Content on this page owned by: Any member of the Arbor Court BOD