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HOMEOWNERS' ASSOCIATION
COVENANTS FOR
SOLIMAR
owner; and
ARTICLE I Definitions
following meanings:
(b) "Common Areas" shall mean and refer to: All of the
installations thereon.
assigns.
herein.
defined.
u n i t d e s i g n a t e d a n d i n t e n d e d f o r u s e by a single family,
part hereof.
esta bli she d by thi s Decla rat i on wit hin the Pr ope r ty
ARTICLE III
A is g r e a t e r t h a n t h e t o t a l v o t e s outstanding in Class B
membership, or
b. January 1, 1988.
Section 3. Articles of Incorporation and By-Laws. The
laws.
ARTICLE IV
Property Rights in the Common Areas
the owners of all Lots that may from time to time constitute
the Lots. However, in the event that any such taxes are
accruing from and after the date these covenants are recorded, and
from time to time to enter upon the Common Areas during periods of
elects to build, and Developer shall have the right to use the
Common Areas for sales, displays and signs during the period of
shall have no personal liability for any damages for which the
Association.
shall have a permanent and perpetual easement for the use of all
against each Lot for the purpose off maintaining the Common Areas
Developer.
Homeowner for any period during which any assessment against his
lot remains unpaid; and for a period not to exceed(60) days for
Money Mortgage.
immediate family who reside with him, subject to such rules and
ARTICLE V
Association - Covenant for Maintenance Assessments
otherwise.
(30) days' prior written notice sent to his last known address,
make repairs and improve the appearance in a reasonable and
workmanlike manner. The cost of any of the work performed by
the Association upon the Homeowner's failure to do so shall be
immediately due and owing and shall constitute an assessment
against the Homeowner's Lot on which the work was performed,
collectible in a lump sum and secured by the lien against the
Lot as herein provided.
maintenance for each year and shall fix the assessment for each
year, but said Board shall, thereafter, make such adjustment
entries over the rear ten feet of said other Lot or Lots or, in
the event of side yards, over the seven foot strip running
third parties.
Association.
of Directors of the Association shall fix the due date and the
lien on the Lot against which the assessment was levied, which
lien shall encumber such Lot in the hands of the then Homeowner,
fifteen (15) days from the due date thereof, then the
is not paid within thirty (30) days after the due date, the
Association.
reserves for f u t u r e e x p e n s e s , a n d t h e e n t i r e a m o u n t
ARTICLE VI Covenants
right but shall not be obligated to assign all of its rights and
Section 5, Easements.
and all utilities, over any portion of the Property, provided that
any such easement granted over a Lot previously conveyed shall not
unreasonably interfere with the use of such Lot. The area of each
television lines, cables and conduits under and through said utility
easements, and under and through that portion of each Lot beyond the
personnel and vehicles shall have an easement over and across all Lots
to remain undisturbed and such easements shall and do exist and shall
activity shall be permitted upon any Lot, nor shall anything be done
Article.
Section 8. Signs. No sign of any kind shall
sign of not more than one (1) square foot used to indicate the
s q u a r e f e e t a d v e r t i s i n g t h e L o t s f o r s a l e o r f o r rent, or
Property.
kept, provided that they are not kept, bred or maintained for any
commercial purpose, and provided that they do not become a
frontage and any other Res ide n tial U nit s , exce pt,
Control Board.
condition.
Area unless prior written approval has been obtained from the
by the Developer.
ARTICLE VII
adhered to:
imposed.
meeting.
follows:
($100.00).
Dollars ($500.00).
hereof.
whic h the Asso cia tio n may o the rwis e be e ntit led by
Recreational Area
ARTICLE IX
AMENDMENTS
Section 1. Additional P r o p e r t y . Additional
ARTICLE X
h e i s p r e p a r e d t o m a k e , a n d t h e n a m e a n d address
transactions.
ARTICLE XI
General Provisions
action taken.
Ronald A. Kris
i li i i
STATE OF FLORIDA
SS:
COUNTY OF PALM BEACH )
Ronald A. Kris
Notary Public
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CONSENT OF MORTGAGEE
STATE OF FLORIDA
SS
COUNTY OF DADE
Before me personally appeared Alfonso Rosselli , to me
well known and known to me to be the individual described in and
who executed the above Consent as Senior Vice President of THE BANK OF
MIAMI, a Florida bank, and acknowledged to and before me that
he executed such instrument as such Senior Vice Pres. , and
that said instrument is the free act and deed of said bank.
• i•
Eva Lopez
Notary Public, State of Florida
My Commission expires: Notary Public. State of Florida at Large
My Commission Expires February 26, 1984
Bonded thru Maynard Bonding Agency
CONSENT OF MORTGAGEE
Declaration.
By:
Marvin Robinson, General Partner
STATE OF FLORIDA
SS
COUNTY OF BROWARD
and who executed the above Consent as General Partner of CASA DEL
that said instrument is the free act and deed of said partnership.
Harriet Samar
Notary Public, State of Florida
My Commission expires:
Legal Description:
O F
SOLIMAR HOMEOWNERS'
ASSOCIATION, INC.
after set forth. The terms used in these Articles which are
not def ine d he rei n s hall ha ve the res pec tive me ani n g s
ARTICLE I
NAME
ARTICLE II
PURPOSES AND POWERS
The Association does not contemplate pecuniary gain
and powers.
Declaration.
ARTICLE III
MEMBERS
Section 1. Membership. Every person or entity who is a
in Class B membership; or
b. January 1, 1986.
Section 3. Meetings of Members. The By-Laws of the
ARTICLE. IV
CORPORATE EXISTENCE
The Association shall have perpetual existence.
ARTICLE V
BOARD OF DIRECTORS
Section 1. Management by Directors. The property,
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two (2) persons, but as many persona as the Board of Directors
shall from time to time determine. The By-Laws shall provide for
meetings of directors.
who shall hold office until Class B membership has ceased and
NAME ADDRESS
and the By-Laws may provide for the method of voting in the
OFFICERS
President
V i c e
President
Secretary
Treasurer
ARTICLE VII
BY-LAWS
Declaration.
ARTICLE VIII
AMENDMENTS
Section 1. Amendments to these Articles of Incorpora-
shall control.
ARTICLE IX
SUBSCRIBERS
ARTICLE X
INDEMNIFICATION
Federico F. Sanchez
Notary Public
My Commission Expires:
STATE OF FLORIDA )
) S.S.
COUNTY OF DADE
Izquierdo, Jr.
Notary Public
My Commission Expires:
EXHIBIT E
BY-LAWS
OF
Article I - Identity
Article II – Definitions
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designated by Developer, as hereinafter defined, as
p u b l i c u t i l i t y i n s t a l l a t i o n s t h e r e on.
t h e P r o p e r t y d e s c r i b e d i n A r t i c l e I I a n d a n y por tion
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completed as evidenced by the issuance of a certificate of
occupancy or its equivalent issued by the appropriate
governmental authority.
(i) "Board of Directors" shall mean and refer to the
Board of Directors of SOLIMAR HOMEOWNERS' ASSOCIA-
TION, INC.
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of the record owners of such property and filed with the
thereof.
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Members; provided, however, if that day is a legal holiday,
the meeting shall be held at the same hour on the next day.
less than fourteen (14) days nor more than sixty (60) days
entire membership.
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writing. If assessments against Members are to be consid-
determining a quorum.
4 . 6 P r o x ie s. V o te s m ay be c a s t i n pe r s o n or b y
vote and shall be valid only for the specific meeting for
longer than ninety (90) days after the date f the first meeting
the meeting.
quorum is present.
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4.8 Order of Business. The order of business at
annual Members' meetings, and as far as practical at all
other Members' meetings, shall be:
(i) Adjournment.
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by the remaining Directors. Notwithstanding the foregoing,
the Developer shall have the right to fill any vacancies
caused by the death or resignation of any Director elected
by the Developer.
(c) Any Director not elected by the Developer
may be removed by the vote or agreement in writing of
a majority of all of the Class A Members of the Association.
A special meeting may be called by Class A Members
holding ten (10%) percent of the votes of Class A Members
for that purpose. Notice shall be given or waived as provided
herein for special members meetings and shall state the
purpose of the meeting. The vacancy on the Board of
Directors so created shall be filled by the Members of the
Association of the same meeting.
(d) Notwithstanding any of the foregoing, the
Developer shall be vested with the power to designate the
initial Board of Directors and their successors until the
first election of all Board members by Association Members
other than the Developer.
5.3 Term. Except for Directors named by the
Developer, the term of each Director's service shall
extend until the next annual meeting of the Members and
thereafter until his successor is duly elected and qualified,
or until he is removed in the manner elsewhere provided.
The terms of Directors named by the Developer shall be
determined by the Developer.
5. 4 O r ga n i z a t i o nal M eeti ng. Th e
or g ani z at i onal meeting of a newly elected Board of
Directors shall be held within ten (10) days of their
election at such place and time as shall be fixed by the
Directors at the meeting at which they were elected, and no
further notice of the organizational meeting shall be
necessary.
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5.6 Special Meetings. Special meetings of the Directors
may be called by the President and must be called by the
Secretary at the written request of two-thirds (2/3) of the
Directors. Except in an emergency, not less than three (3) days
notice of the meeting shall be given personally or by mail,
telephone or telegraph, which notice shall state the time, place
and purpose of the meeting.
5.7 Waiver of Notice. Any Director may waive notice of a
meeting before or after the meeting and such waiver shall be
deemed equivalent to the giving of notice.
5.8 Quorum. A quorum at Directors' meetings shall
consist of a majority of the entire Board of Directors. The
acts approved by a majority of those present at a meeting
at which a quorum is present shall constitute the act of
the Board of Directors, except where approval by a
greater number of Directors is required by the Covenants,
the Articles f Incorporation or these By-Laws.
5.9 Adjourned Meetings. If at any meetings of the
Board of Directors there 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
adjourned meeting any business which might have been
transacted at the meeting as originally called may be
transacted without further notice.
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5.10 Joinder in Meeting by Approval of Minutes. The
joinder of a Director in the action of a meeting by signing and
concurring in the minutes thereof shall constitute the presence of
such Director for the purpose of determining a quorum.
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6.1 Assess. To make and collect assessments against
Members to defray to costs and expenses of the Association.
6.2 Disburse. To use the proceeds from assessments in the
exercise of its powers and duties.
6.3 Maintain. To maintain, repair, replace and operate
the Common Areas.
6.4 Insure. To purchase insurance upon the Common
Areas and insurance for the protection of the Association and its
Members.
6.5Reconstruct. To reconstruct improvements after
casualty and further improve the Common Areas.
6.6 Regulate. To make and amend reasonable rules
and regulations respecting the use of the property.
6.7 Management Contract. To contract for the main-
tenance, management or operation of the Common Areas
and to authorize 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 of the Common Areas with funds as shall be
made available by the Association for such purposes. The
Association and its officers may delegate its
powers and duties except to the extent prohibited by
the Covenants, the Articles of Incorporation, and
these By-Laws.
6.8 Payment of Liens. To pay taxes, assessments, and
fines which are liens against any part of the Common Areas and
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6.10 Utilities. To pay the cost of all power, water, sewer and
such other officers and designate their powers and duties as the
Association.
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shall attend to the giving and serving of all notices to the
such.
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7.7 Indemnification and Insurance of Directors and Officers.
Every Director and every officer of the Association shall be
indemnified by the Association against all expenses and
liabilities, including counsel fees, reasonably incurred by or
imposed upon him in connection with any proceeding
to which he may be a party or in which he may become
involved by reason of his being or having been a Director
or officer of the association, whether or not he is a Director
or officer at the time such expenses are incurred, except
in such cases wherein the Director or officer is adjudged
guilty of willful misfeasance or malfeasance in the
performance of these duties. The foregoing right of
indemnification shall be in addition to and not exclusive of
all other rights to which such Director or officer
may be entitled. The Board of Directors may, and
shall if reasonably available, purchase liability
insurance to insure all Directors, officers or
a g e n t s , p as t a n d p r e s e nt a g a i ns t a l l e x pen s e s a n d
l i a b i l i tie s a s se t f or th a b o ve . Th e p re m iu m s for
such insurance shall be paid by the Members as a
part of the expenses of the Association.
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(b) Reserves. The following reserves may be
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8.4 Assessments. Assessments against Members for
their shares of the items of the budget shall be made in
advance on or before December 20 preceding the year for
which the assessments are made. Such assessments
shall be due in four (4) equal quarterly installments, each of
which shall come due on the first day of January, April, Jul y
and Octobe r of the year for whic h the assessme nts
are made, or in annual or monthly installments if so
determined b y t h e B o a r d o f D i r e c t o r s . I f a n a n n u a l
a s s e s s m e n t i s n o t made as required, an assessment
shall be presumed to have b e e n m a de i n t he a mo u n t
o f t he l a st p r i o r a s se ss me n t a n d quarterly payments
the re on shall be due upon the first day of each
quarter until changed by an amended assessment. In
the e ve nt the annual asse ssme nt prove s to be
i n s u f f i c i e n t, the budget and assessments may be
amended at any time by the Board of Directors. The
unpaid assessment for the remaining portion of the
fiscal year for which the amended assessment i s
made shall be due on the first day of the quarter
n e x t succeeding the quarter in which such amended
assessment is m a d e o r a s o t h e r w i s e p r o v i d e d b y t h e
B o a r d o f D i r e c t o r s . The first asse ssme nt shall be
de te rmine d by the firs t Board as provided by the Board
of Directors.
8.5 Acceleration of Assessment Installments
Upon Default. If a Member does not pay an
installment of an assessment within fifteen (15)
days after the due date, a late fee in the amount
o f t e n p e r c e n t ( 1 0 % ) o f t h e u n p a i d installment of
an assessment shall be charged. I f a Member d o e s
not pay an installment of an assessment due to
t h e Association within thirty (30) days from the
time it becomes due, the Member shall be deemed to
be in default. Upon such default, the Board of
Directors may accelerate the remaining
installme nt s of the asse ssme nt upon notice to the
Me mbe r, and then all unpaid installments shall
become due upon the d a t e s t a t e d i n t h e n o t i c e ,
but not less than five (5) days after delivery of
the notice to the Member. Thereafter, the
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A s s o c i a ti o n m a y e n f o rc e i t s l ie n f o r a s se s sm e nt s
i n a c c o rdance with the terms of the Covenants.
8.6 D e po s i t o r y . The depository of the Association
will be such banks or savings and loan
a s s o c i a t i o n s a s shall be designated from time to
time by the Board of Directors and in which the
withdrawal of monies from such accounts shall be only by
checks signed by those persons authorized by the Board
of Directors, provided that the provisions of this section
may be superseded by the terms of a management
agreement entered into by the Association.
Article X - Amendment
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any regularly constituted meeting thereof. Upon an
amendment being proposed as herein provided for, the
President, or, in the event of his refusal or failure to act, the
Board of Directors, shall call a meeting of the
membership to be held within sixty (60) days for the
purpose of considering said amendment. Except as
otherwise provided in the Covenants, such approvals must
be either by:
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Article XI - Construction
1982.
President
Attest:_______________
Secretary
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FIRST AMENDMENT TO
DECLARATION OF RESTRICTIONS
AND HOMEOWNERS' ASSOCIATION COVENANTS FOR SOLIMAR
follows:
"All Lots shall be and are singly and collectively
subject to easements for encroachments which now or
hereafter exist or come into being, caused by settlement
or movement of the Residential Units or other
improvements, or caused by the Developer in construction
or reconstruction of such Residential Unite (as long
as the encroachment into the property line of adjacent
Lots shall be less than eighteen (18") inches) and
other improvements, which encroachments shall be
permitted to remain undisturbed and such easements shall
and do exist and shall continue as valid easements as
long as such encroachments stand. A valid easement
remaining of such encroachment is herein created, so long
as such encroachments stand."
Prepared by and return to:
Keith F. Backer, Esq.
Backer Law Firm, P. A.
136 East Boca Raton Road
Boca Raton. FL 33432
(561)3614535
WHEREAS, Article IX, Section 2 of the Declaration provides that the Declaration may be
amended by the recording of an instrument signed by not less than seventy five percent of the members;
WHEREAS, more than seventy five percent of the members have signed this instrument
approving of the amendment to Article X, Section 6 of the Declaration in the form as attached hereto as
Exhibit A to this instrument.
NOW THEREFORE, the undersigned hereby certify that the attached amendment to the is
a true and correct copy of the amendment approved by the membership.
47 . 0 0 4 1
WITNESS my signature hereto this _261day of jiwutil at Boca Raton. Palm Beach County,
Florida.
Witness 1:
Print Witness
Ci 43 A d l W a . - / 0
Witness 2:
ii. The initial funds for this reserve account shall be made up of
any funds of the Association in excess of the average monthly
expenses of the Association as measured by the six months expenses
preceding the establishment of this reserve.