Article XIII: General Provisions | Estates of Pinewood

Section 1. Assignment of Rights and Duties to the Association

The Declarant may at any time assign and delegate to the Association all or any portion of the Declarant’s rights, title, interest, duties or obligations created by this Declaration. It is understood that the Association has been formed as a property owner’s association in order to effectuate the intent of the Declarant for the proper development, operation and management of the Property. Wherever herein the Declarant or the Association or both are given the right, duty or obligation to approve, enforce, waive, collect, sue, demand, give notice, or take any other action or grant any relief or perform any task, such action may be taken by the Declarant or the Association until such time as the Declarant is divested of all of its interest in any of the Property, or has terminated its interest in the Property. Thereafter, all rights, duties and obligations of the Declarant shall be administered solely by the Association in accordance with the procedures set forth herein and the Governing Documents.

Section 2. Covenants to Run with the Title to the Land

This Declaration, as amended and supplemented from time to time as herein provided, shall remain in full force and effect until terminated in accordance with provisions set out herein.

Section 3. Enforcement

The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association or by any Owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 4. Severability

Invalidation of any one of these covenants or restrictions by judgment or court shall in no way affect any other provisions which shall remain in full force and effect.

Section 5. Amendment

The covenants and restrictions of this Declaration shall run with and bind the Property for a term of 25 years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of 10 years. In addition to any other manner herein provided for the amendment of this Declaration, the covenants, restriction, easements, charges and liens of this Declaration may be amended, changed or added to at any time and from time to time upon the execution and recordation of an instrument executed by Owners holding not less than two-thirds (2/3) vote of each class of the membership in the Association, provided, that so long as the Declarant is the Owner of any Lot affected by this Declaration, the Declarant’s consent must be obtained if such amendment, in the sole opinion of the Declarant, affects its interest. The foregoing sentence may not be amended. No provision of this Declaration may be amended if such provision is required to be included herein by any law.

Without limiting the generality of the foregoing paragraph, the Declarant specifically reserves the right to amend this Declaration in order to comply with the requirements of the Federal Housing Administration, Veterans Administration, St. Johns River Water Management District or Federal National Mortgage Association. As long as there is Class B membership, as that term is defined in Article III, Section 2 hereof, the Federal Housing Administration or Veterans Administration must approve any amendment to this Declaration other than those to correct scrivener’s errors or clarify any ambiguities herein. The Declarant shall have the right at any time within 6 years from the date hereof to amend this Declaration to correct scrivener’s error and to clarify any ambiguities determined to exist herein. No amendment shall impair or prejudice rights or priorities of any institutional Lender without their written consent.

ANY AMENDMENT TO THE DECLARATION WHICH ALTERS ANY PROVISION RELATING TO THE SURFACE WATER OR STORMWATER MANAGEMENT SYSTEM, BEYOND MAINTENANCE IN ITS ORIGINAL CONDITION, INCLUDING THE WATER MANAGEMENT PORTIONS OF THE COMMON AREAS, MUST HAVE THE PRIOR APPROVAL OF ST. JOHNS RIVER WATER MANAGEMENT DISTRICT. NO AMENDMENT TO THE DECLARATION SHALL BE APPROVED WHICH CONFLICTS WITH ANY LAND USE APPROVAL OR PERMITS GRANTED BY SEMINOLE COUNTY OR WHICH CONFLICT WITH THE CODE OF ORDINANCES OR UNIFORM LAND DEVELOPMENT REGULATIONS OF SEMINOLE COUNTY, FLORIDA.

Section 6. Communication

All communication from individual Owners to the Declarant, its successors or assigns; the Board of Directors of the Association; or any Officer of the Association, shall be in writing.

Section 7. Notice

Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

Section 8. Conflict

This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation, which shall take precedence over the Bylaws.

Section 9. Usage

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

Section 10. Governing Law

The construction, validity and enforcement of this Declaration shall be determined according to the laws of the State of Florida. Any action or suit brought in connection with this Declaration shall be in Seminole County, Florida.

Section 11. Notice of Conveyances

Until the Association is turned over to the Lot Owners, the Owner of each Lot shall cause written notice to be delivered to the Declarant upon the conveyance of any Lot, advising Declarant of the conveyance.

Section 12. FHA/VA Approval

As long as there is a Class B Membership, the following actions will require the prior approval of the Federal Housing Administration (the “FHA”) or the Veterans Administration (the “VA”): annexation of additional properties, mergers and consolidations; dedication of Common Area; mortgaging of Common Area; and amendments of this Declaration. FHA or VA approval is also required for any amendments of the Association’s Bylaws, the Articles of Incorporation or in the event of the Association’s dissolution.