Article I: Definitions | Estates of Pinewood

Section 1. Architectural Review Committee

“Architectural Review Committee” or “ARC” shall mean and refer to the Architectural Review Committee so established pursuant to Article VII hereof.

Section 2. Articles

“Articles” shall mean and refer to the Articles of Incorporation of the Association which have been filed in the office of the Department of State of Florida, a copy of which is attached hereto as Exhibit “B.”

Section 3. Association

“Association” shall mean and refer to Estates of Pinewood Homeowners’ Association, Inc., its successors and assigns.

Section 4. Board of Directors

“Board of Directors” or “Board” shall mean and refer to the Board of Directors of the Association.

Section 5. Bylaws

“Bylaws” shall mean and refer to the Bylaws of the Association, which have been adopted by the Board, a copy of which is attached hereto as Exhibit “C,” as the Bylaws may be amended from time to time.

Section 6. Common Area

“Common Area” or “Common Areas” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners and those areas dedicated to Seminole County, entry walls, and easements which the Declarant has elected to maintain. The Common Areas to be owned by the Association at the time of conveyance of the first Lot are described as follows:

Tracts A and B, according to the Plat of “Estates of Pinewood,” to be recorded in the Public Records of Seminole County, Florida.

Section 7. Declarant

“Declarant” shall mean Sanlando Land, Inc., a Florida corporation, its successors and assigns. No successor or assignee of Declarant shall have any rights or obligations of Declarant hereunder unless such rights or obligations are specifically set forth in the instrument of succession or assignment, or unless such rights or obligations pass by operation of law.

Section 8. Declaration

“Declaration” shall mean and refer to this Declaration of Covenants, Conditions, and Restrictions of Estates of Pinewood.

Section 9. Governing Documents

“Governing Documents” shall mean and collectively refer to the Declaration, the Articles of Incorporation and Bylaws of the Association.

Section 10. Institutional Lender

“Institutional Lender” shall mean a bank, savings and loan association, insurance company, real estate or mortgage investment trust, pension fund, agency of the United States Government, mortgage banker or company, Federal National Mortgage Association, the Declarant or any affiliate of the Declarant or other lender generally recognized as an institution type lender, which holds a mortgage on one or more of the Lots.

Section 11. Landscape Buffer Areas

“Landscape Buffer Areas” shall mean an area of land established in an easement for the purposes of establishing and maintaining a vegetative landscape buffer between the Property and adjacent properties.

Section 12. Lot

“Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map or plat of the Property with the exception of the Common Area.

Section 13. Member

“Member” shall mean and refer to every person or entity who is an Owner, as herein above described, and in being such an Owner comprises the Membership of the Association.

Section 14. Mitigation and Conservation Areas

“Mitigation and Conservation Areas” shall mean a system operated, maintained and managed by the Association to provide drainage, water storage, conveyance, survival and growth of installed aquatic plant material or other surface water or stormwater management requirements as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, Florida Administrative Code, and operated, maintained and managed in a manner consistent with St. Johns River Water Management District Permit.

Section 15. Owner

“Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 16. Person

“Person” shall mean and include an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, sole proprietorship, joint venture, two or more persons having a joint or common interest, or any other legal entity.

Section 17. Property

“Property” shall mean and refer to that certain real property described in the Recitals and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 18. Rear Yard Swales

“Rear Yard Swales” shall mean that property which is contained within a drainage easement on the rear property which will provide storage and treatment from the rear yard stormwater runoff.

Section 19. Surface Water or Stormwater Management System

“Surface Water or Stormwater Management System” shall mean a system operated, maintained and managed by the Association which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges, from the system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, Florida Administrative Code, and operated, maintained and managed in a manner consistent with any applicable St. Johns River Water Management District permit (the “Permit”).