declaration of restrictions
TRANSCRIPT
DECLARATION OF RESTRICTIONS
THIS DECLARATION is made and dated this 2-1 day of A1 )If'1'"
196~, by GLORIA MUROFF, joined in by her husband, MELVIN I. MUROFF, of
Route '1,Box 395, Davie, Florida, hereinafter referred to as "Dedarer",
her successors and assigns.
WIT N E SSE T H
WHEREAS, Declarer intends to develop, sell and convey certain
lands legally described as follows:
The North 1532.27 feet, measured at right angles to andparallel with the North boundary line thereof, of Block2, MARTHA BRIGHT FARMS, according to the plat thereof,recorded in plat book 15 at page 16 of the public reoordsof Broward County, Florida, less the West 15 feet thereof.
WHEREAS, it is desired to establish protective oovenants covering
the said property for the benefit and protection of said area,
NOW, THEREFORE, in considerationof the acceptancehereof by the
several purchasers and grantees, (his, her, their, or its heirs, executors,
administrators,,'personal representatives, successors and assigns, and
all persons or concerns claiming by, through, or under such grantees)
of deeds to lots in said property, said Declarer hereby declares to
and agrees with each and every person who shall be or who shall become
owner of any of said lots that$id lots, in addition to the ordinances
of Broward County, Florida, shall be and are hereby bound by the covenants
set forth herein and that the property described shall be held and
enjoyed subject to and with the benefit and advantage of the following:
ARTICLE I
General Provisions
The word "restriction", as hereinafter used, shall be defined
and construed to include and mean covenants, agreements, conditions,
provision, easements and charges herein set forth.
The word "declarer" as hereinafter used shall be defined and
construed to mean and include GLORIA MUROFF, her heirs, personal represen-
tatives, successors and assigns.
The word "owner",as hereinafter used shall be defined and construed
to mean and indude any owner of fee simple title to a lot or parcel of
land in the above described property.
The Declarer shall have the right to construe and interpret these~
restrictions, and her construction or interpraation in good faith shall
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be final and binding as to all persons or property benefited or bound
by such restrictions.
No change of conditions or circumstances shall operate to extinguish
or te~inate any of said restrictions, but they shall only be extin-
guished or terminated by the expiration of the time mentioned in ARTICLE
IX hereof or by the action and in the manner provided in ARTICLE XII
of this Declaration.
ARTICLE II
Nuisances
There shall not be erected, constructed, suffered, permitted,
committed, maintained, used or operated on any of the land included
in said subdivision any nuisance of any kind or character.
No rubbish, garbage, debris or material shall be deposited on any
of and land included in said property except building material during
the course of construction on the site.
No sign of any character shall be erected, pasted, posted or
displayed upon or about any lot in or on part of said plot or lot without
the written permission of the Declarer, and she shall have the right
of uncontrolled discretion to prohibit or to restrict and control the
size, construction, material, wording and location and height of all
signs and may summarily remove and destroy all unauthorized signs.
The Declarer reserve the right to care for vacant and unimproved
and unkept lots in said property, remove and destroy tall grass, under-
growth, weeds, and rubbish therefrom, and any unsightly and obnoxious
thing therefrom, and do any other things and perform any labor necessary
or desirable in the judgment of the Declarer to keep the property, and
the land, contiguous and adjacent thereto neat and in good order and
charge$ffie against the Owner of said lot or lots.
ARTICLE III
Use of Land
The Declarer hereby classifies and designates the property as a
community for dwellings of one family occupancy, all of such use and
occupancy to be in accordance with the zoning ordinances and regulations
of Broward County, Florida.
No buildings of any kind whatsoever shall be erected or maint~ed
thereon, except private dwelling houses designed and contructed for
use by a single family, and private garages and bath houses, attendant
to swimming pools, for the sole use of the respective owners of the
~0te tlpeR wh~eh the ~arages and bath houses are located~ provided,-2-
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.however, that no garage or other outbuilding shall be placed, erected
or permitted to be built upon the above described premises until after,
or at and during the time of, the construction of the said dwelling
house. A stable for not more than two (2) horses is permitted as is
a greenhouse, provided that same shall not be used for commercial
purposes on the property. While horses or ponies are permitted, no
cows, swine, goats, poultry or fowl shall be kept on the property.
No manufacturing or selling.shall be permitted on any portion of
the premises, hereinabove described. No trade, business, or profession
whatsoever, nor any boarding or rooming house shall be permitted on
said premises. Cultivation of a citrus grove and wholesale sale of
the fruit therefrom shall not be deemed a violation of this provision.
ARTICLE IVApproval of Plans
No building, fence, hedge, wall, walk, or other structure, grading
or planting, shall be commenced, erected or maintained, nor shall any
addition, to or change, or alteration therein be made, until the plans
and specifications, showing the nature, kind, shape, height, materials,
floor plans, color scheme, location of such structure or work to be
done, and the grading plan of the plot to be built upon shall have
been submitted to and approved in writing by I the Declarer, and a copy
thereof I as finally approved, lodged permanently with the Declarer.
The Declarer shall have the right to refuse to approve any such pla~s
and specifications or grading plan, which are not suitable or desirable,
in her opinion, for aesthetic or other reasons; and in so passing upon
such plans, specifications and grading plan, shall have the right to
take into consideration the suitability of the proposed building or
other structure and of the materials of which it is to be built on
the site upon which it is proposed to erect the same, the harmony
thereof with the surroundings and the effect of the building or other
structures as planned, on the outlook from the adjacent or neighboring
property.
The Declarer shall in all cases have the right to determine and
designate the building lines necessary to conform to the general plans
of the subdivi~ion and the Declarer's judgment and determination
shall be final 'and binding.
With the approval of the location and plan by Declarer a building
may be erected upon more than one lot.
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ARTICLE VEasements
'An easement and right of way is hereby expresslY reserved in
and over a strip not over ten (10) feet in width along the side and/
or rear line of all lots for the erection, construction and maintenance
of pOles and wires. and clearing of trees and pruning of hranches.
or the construction and maintenance of conduits and of all pr9per and
necessary attachments for electric light, power and telephone service
and for the construction and maintenance of storm water drains. land
drai.ns. puhlic and private sewers, pipe lines for sUPPlying gas and
water and for the construction and maintenance of any other public.
quasi- public utility or private utility. In the event there be a
prj,or easement or reservation that WOUld encompass the same ten feet
then the measurement shaU be made not from the ]ot 1ine but from the
line demarking the prior easement or reservation.
The DeClarer shall have the right to enter and to permit others
to enter upon said reserved strips of land for any of the purposes
for which said easements and rights of way are reserved.
No purchaser of any of the lots shall have the right to reserve
or grant any casement or rights of way in, upon or over any of the lots
without th.~written consent of the Declarer.ARTICLE VI
Right to Abate Violations
Violation of any restrictions and conditions or breach of any
covenant or agreement herein contained shall give the Declarer, in
addition to all other remedies, the right ~o enter upon the land upon
which, or as to which, such violation or breach exists, and summarily
to abate and remove, at the expense of the owner thereof, any erection,
thing or condition, that may be or exist thereon contrary to the
intent and meaning of the provisions hereofj and the Declarer shall
not thereby be deemed guilty of any manner of trespass for such entry,
abatement or removal. Thirty day notice shall first be given.
ARTICLE VII
Right to Enforce
The provisions herein contained shall run with and bind the
land and shall inure to the benefit of, and be enforceable by the
Declarer or the owner of any land inclUdedin said subdivision, and
failure by the DeclaJ'eror any landowner, however long continued, to
object to any violation or to enforce any restriction, condition or
covenant herein contained, shall in no event be deemed a waiver of
the right to do 30 thereafter as to the same breach or as toene
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oocuving prior or subseqqent thereto. Any expense inourred in
enrorcing the provisions herein oontained shall be paid by the
deraulter.
ARTICLE VIII
Duration or Restriotions
Allor the restriotions, oonditions, covenants, oharges,
easements and agreements, oontained herein, shall be in perpetuity,
as to utility easements and other provisions, shall continue in
rorce until January I, 1980, and may be extended ror a period or
15 years rrom that date, provided that prior to January I, 1980,
appropriate instruments in writing consenting to such extension
shall be exeouted and acknowledged by the Deloarer and the same
advertised in the local newspape:', or in absence or the publication
or a newspaper, than in a newspaper in F~rt Lauderdale, Florida.
Said instrument extending said period shall be recorded in the publio
reoords or Broward County, Florida.
ARTICLE IX
Right to Assign
Any or all or the rights and powers, charges, title, trusts,
and estates reserved or created in, or given to, the Declarer in
this Declaration may be assigned to any one or more persons, corpora-
tions or associations, pUblic or private, that will agree to assume
said rights, powers, duties and obligations and carry out and perform
the same. Any $uch assignment or transrer shall be made by an appro-
priate instrument in writing in which the assignee or transferee
shall join ror the purpose or evidencing its consent to the aooeptanoei
or such rights and powersj and such assignee, or transreree shall
thereupon have the same rights and powers and be subject to the sameI,
obligations and duties as are herein give~ to and assumed by the
Declarer thereupon being released therefrom and rrom all rurther
liabilities.
The Declarer hereby expressly reserves the right in her absolute
,discretion at any time to annul, waive, change or modify any of the
restrictions, conditions, covenants, agreements and provisions for a
period of ten (10) years rrom date, or until seventy-five per cent
(75~) of the property (in acreage) is sold by Declarer, whichever
occurs latestQ Atter ten (10) years, or after seventy~fivG per oent
(75~) of the property is sold, whichever oocurs at the latest time,
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t~e peclarer may make such annulment, waiver, change or modiflca~ion
in her discretion onlY upon the favorable vote of a majority in
number of the then owners of lots, other than lots owned by the
Dec]arer.
ARTICLE X. Roads
The Declarer shall.provide for a 50-foot right-of-way for roads
said width being required by the County. In addition thereto, the
Declarer shall build and install.said roads in such manner as weU] d
allOW for their acceptance by dedication to the County.
ARTIC[,E XIMinimum Square Footage and Requirement to Build
Each dwelling shall have a minimum of 1650 square feet of living
area, exclusive of carport, garage, or screen enclosures.
Each purchaser of a lot shall commence construction within twelve
months of the closing on his purchase, and having commenced construction,
the Purchaser agrees to continue said construction until comPletion.
In the event Purchaser fails to do so, then DeClarer shall have the
option exercisable within 30 days.after default to repurchase the
property on which construction has not commenced by paying Purchaser
all monies constituting the purchase price theretofore paid by
Purchaser to Declarer. upon such repayment the Purchaser shall convey
said property on which construction has not commenced to Declarer, by
gener~l warranty deed, free and clear of all encumbrances, with the
usual adjustments at closing.
ARTICLE XII
shall such assessment be more than $4.00 per acre per month. Further,
each lot owner shall be assessed proportionatelY for the maintenance
and operation of the pump apparatus giving water control to the area.
It sha]l be the obligation of.the Declarer sOlelY to initiallY provide
the entry way and the drainage pump and motor, in good working order.
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Each lot owner shall be assessed proportionatelY for the
maintenance of the entry wall and decorative entry to the subject
property which comprises 100 acres, more or less, but in no event
The above and foregoing reatrictiona ahall beconaidered and
conatrued a. covenant. and reatrictiona runninq with the land and
.aid covenant. and re.triction. .h&11 ~ bindinq A8 above .et forth.
%M WXTNESS WHEREOr, the Declarer, joined in by her hU8band,
27th Mayna. .et her hand and .eal thia day of , 19&1.
(SEAL)
in
COUNTY' or BRCMAAD
,BE~ORE .MEthe under.igned authority per.onallY appeared GLORIAMUROr~ and MELVIH I. MUROn', her hU8band, known to me, wo after beingby.,m6tduly.worn 8igned the above in8trument, ackn~ledging 8~ to betlj81''''Ir"e" act and .deed." )~t. rJ r;I "
/'~~~~" ;"%",''~:"'~UPSC~ BEr:oRE ME thia 27t~ay ot!. ~ v. '0'" ~-" '~.'
May, 196~.
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'70- 74928
Thil:. Instrument wasprepflred:by:Melvin I. Muroff, Attorney at Law1005 DuPont.Plaza Center f"~
. Miami, Florida 33i31 "
MODlFICA TION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, GLORIA MUROFF, joined by her husband,.
MELVIN 1. MUROFF, imposed a set of retstrictions upon the following.. .
described property dated May 27, 1968, recorded May 28, 1968, in
~RB 3672 at Page 638 of thePublic Records of Broward County, Florida:
. The North .1532.27 f~et, measured at right angles toand parallel wij:h the North boundary line thereof, ofBlock 2, MARTHA BRIGHT FARMS according to theplat thereof, retorded in Plat Book IS, Page 16 of thePublic Records of Broward County, Florida, less theWest 15 feet. thereof, and .
WHEREAS; th~ passage of time and the improvement of theparcel makes .the property inappropriate for the stabling of horses aspermitted in Article III of. the Declaration, .ai1d .
. .WHEREAS, the necessity of construction within twelve (12)
months of the closing as. set forth in ArtiCle Xl is obsolete, and
. WHEREAS, 'the majority of lot owners concur in the changehereinafter set forth, as requfred by Article'IX of the Declaration,, . .
. NOW, THEREFORE,' the provision for the stabling and harbor-ing. of horses and ponies in 'Article Ill, is hereby deleteci, and same shallnotbe allowed, and there shall.be no compulsion to build within twelve (12)months after acquisition of any .19t. '
; . IN WITNESS WHER~O~etarant, joined by her husband,has !?et her hand and seal this' /2-.. dayof June, 1970. ". I ~
/. 1 I//,// ..'
. .~-7~l'g~/~i'GLORIA MUR 1- . /./.. ! i I .
!./ l ' f II ., ...'
Ifr t' "-Y'. -' :.Lh .:/ (SEAL)
MELVIN I. .~)JK6~
~.
(SEAL).,
STATE OF FLORIDACOUNTY OF DADE
:1;'\..t .",:"');,,.p.. .1'0'.:-:.J.-Do-
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. BEFORE ME, the undersigned authority, personally appearedGLORIA MUROFF and MELVIN I. MUROFF, known to me, who signed theforegoing acknowledging same to be of their free will, and as their act and
. deed.' .
. /:u SWORN TO AND SLiBSCRIBEDlJYre:reme at said :,9t1hty,~nf"I~~~tethIs day of June, 19~0~ . /1 . L . ,,,~.::,.,..,.' ".:J' .
/. A.'.! ., . ',' "My Commission Expires:' /' ~...'.h. . '\' \.. ~~''{',~.;\.~::.,:- ~'r "(..;.1 " t
-I\JOTARY PUBLIC, State,.;of FlOtlda;' ;' ,". . at Lar ge. .:r ,-,'.j\1 '.
lI(ool<OCDINQFrlCl4lRCCORnSOOO~ ' .~>'. .\' ,...OfDROWA.OCOUNTY.FLORIDA '. . :.....JACK WHEELER .:: r: .
(:l[RJ( Of CIRCUIT.COURT
IIOTfoRY?UBll~. HAT~ ~, r' -~"\ M liRDrMY COMMi~:;:::;'I:. . ,'L'. 26,1971.OH~LO .
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".This instrument prepared bY:J : ~" '"
Melvin I. Muroff, attylaOS Du PontPl~zaCenter'Miami, Fla.
3~7- /VI; L7 Q-'; :: ~~- ' ,
AMENDED DECLARATION OF RESTRICTIONS
thisri;C- HIS AMENDED DECLARATION OF RESTRICTION is made and dated
,\~"' v~day of September,1970, by GLORIA MUROFF, joined by her husband,
MELVIN I. MUROFF, of Route 1, Box 395, Davie, Florida, and DAVIE WEST
HOMEOWNERS ASSOCIATION, INC., a Florida Corporation, and all its members,
hereinafter referred to as IIDeclarants", and their successors and assigns.
WIT N E SSE T H
WHEREAS, Declarants intend to develop) sell and convey certain
lands legally described as follows:
The North 1532.27 feet, measured ~t right angles to andparallel with the North boundary iine thereof, of Block2, MARTHA BRIGHT FARMS, according to the plat thereof,recorded in plat book 15 at page 16 of the public recordsof Broward County, Florida, less the West 15 feet thereof.
WHEREAS, it is desired to establi~ protective covenants ..,
covering the said property for the benefit and protection of said area,
WHEREAS, Declarants previously declared restrictions dated
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the 27th day of May, 1968, and recorded in Record Book 3672, Page 638, of
the Public Records of Broward County, F~orida,~WHEREAS, Declarants wish to amend said Declaration of Restric-
tions previously' declared,
NOW THEREFORE, in consideration of.the acceptance hereof by
the several purchasers and grantees, (his, her, their, or its heirs, execu-
tors, administrators, personal representatives, successors and assigns,
and all persons or concerns claiming by, through, or under such grantees)
of deeds to lots in said property, said Declarants hereby declare to and
agree with each and every person who shall be or who shall become owner
of any of said lots that said lots, in addition to the ordinances of
Broward County, Florida, shall be and are hereby bound by the covenants
set forth herein and that the property described shall be held and enjoyed
subject to and with the benefit and advantage of the following:
The word "Declarants"as hereinafter used shall be defined and
construed to mean and include GLORIA MUROFF, MELVIN I. MUROFF, her husband,
their heirs, personal representatives, successors and assigns; and DAVIE
WEST HOMEOWNERS ASSOCIATION, INC., a Florida Corporation, its successors
and assigns.
1. There shall be a 1,900 minimum square footage of living
area in each home erected.
2.',There shall be a minimum set back for each home of 40 feet
from the road way and 25 feet from the rear and 25 feet from the side.
3.;'No permanent type trailerswill be permitted to be erectedI
upon any home site. Permanent trailers shall be interpreted to mean one
remaining for six months or longer.~ "
4.' 'All prospective building plans of prospective homes are to
be submitted fOl approval to the original Decl~;er and shall include set
backs, wells and septic tanks.
5.' No home shall be erected in such a manner as to allow
drainage onto another existing home site.
No dishwashers or washing machi~:are to be permitted
6.
to drain into the existing lake areas.~\
7~'Al1 driveways leading from the roadway to the home site
must be paved.
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8." The electrical service into each home shall be a minimum
of 150 amperage..
9. Written notice of all prospective sales of property within
the'area shall J:.egiven to the DAVIE WEST HOMEOWNERS ASSOCIATION, INC.,
within 15 days after the sales contract is signed.
10. All pets or livestock must be restricted to an owner's
supervision.
property and not allowed to run loose, unless under proper control and
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11. All garbage, trash, junk and debris shall not be permitted
to rema~n in the front of any home site, except on days of garbage
collection and removal.
.',12. Dumping or accuumulation of trash, grass cuttings, junk
and garbage shall be prohibited within the MARTHA BRIGHT boundaries,
except in such areas designated as dumping grounds.
13. All property owners shall maintain their individual
lawns, schrubs and general landscaping which shall be mowed, maintained
and kept in a neat, clean aesthetic appearance. When completed by
developer, the entry gate and surrounding landscaping shall be maintained
and mowed by residents on a rotating and/or voluntary basis.,,\ ":
14;'"NO waterfront lots shall be increased in size by filling
in the water on which it abuts.
15. No motor vessel or motor craft or greater than 3-1/2 HP
of any kind shall be used on any of the waterways.
16. Composition roofs need specific approval as to color and
characteristics.
17. All restrictions of declaration ~ the modificationthereof,.
are hereby ratified and confirmed. The Declarants, GLORIA MUROFF and
MELVIN I. MUROFF, shall perform as follows:
a. Begin general roadway construction no later than December
1,1970 as to main entrance road and Northerly road and shall complete roadconstruction on the rest by January 1,1972. It is understood that there maybe some delay because of non-availability of road builders.
b. Remove pump house to the rear section of the lake andhave such pump enclosed in a proper building.
c. Remove the existing structure at the entrance to the
community within 90 days after 75% (per cent) of the lots in the develop-ment area are conveyed.
d. Shall recognize the DAVIE WEST HOME OWNERS ASSOCIATION,INC., as the sole bargaining agent of the homeowners within the developmentarea.
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The above and foregoing restrictions shall be considered and
construed as covenants and restrictions running with the land and said
covenants and restrictions shall be binding as above set forth.
IN WI'rNESS WHEREOF, the Declarants,GLORIA MUROFF and MELVIN I.
MUROFF, and DAVIE WEST HOMEOWNERSASSOCIATION, INC., b~ sJOYCE STEWARD, have set their hands and seals this 30 day
,1970.
DAVIE ~ST HOMEOWNERS ASSOC.,INC.
By'
SIGNED, SEALED ~nd delivered in the
f:~;>ence of ')u~..~..,,,;/- '71 h( /(> t., 1 ct.. J L i ([ C
STATE OF FLORIDA:'S8
COUNTY OF BROWARD:
BEFORE ME, the undersigned authority, personally appeared
GLORIA MUROFF, and MELVIN I, MUROFF, her husband, and JOYCE STEWARD, Pres~-
dent of DAVIE WEST HOMEOWNERSASSOCIATION, INC., known to me, who after
being by me dul~'sworn, signed the..above instrument, acknowledging same
to be their free act and deed.,
SWORN ,:,T()i;~d SUBSCRIBED BEFORE..
RECORDED IN OffiCIAL RECOROS_
OF SHOWARD COUNTY, FLORIDA
JACK WHEELERCLERKOf ClRCUll~r
;oc"" 'T~j:,.~c..:,~o
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M.ENDt.~ENl' TO DEED RESTiiICTIONS
OffArticle lIT Use of Land Rec 367?
A stRblefor not more than twd (2) hcr?es iF
-oerrr.itted, AS is R greenhouse,' -orovided t.h~t s;-rr.el.
sh;;ll not be used fer corrrr,~reifll ourp~)!H~S on thp.
urooerty. While hqraes or ponies Rre permitted,
no cows, swine, gOAts, pouitry or fowl ~hRll be
ke-oton the -oronerty.
.,
DAVIE WES~---fIO::EClv;!'iE11SASS0C., IHC.
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By ~-~~--~~~--~~-l~~-~---(President) ,I..'
STATEOF FLORIDA:ss
'~c-;~,c".,c:,
;leforc
RON AnGYLEj President of DAVllE \o.'Z5T HOHEOWlfERSASSC'CIA'JI(jH~ IiiC.,i"'!\...",' iI'}mown to !HI, who after being by :J.e duly swc.rn, sif.:ned the s~'\""'e. :~~~r>".. .' . . . . . . . . . .:., J::::.:<; "~'"
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AMf::NDMI!NTS TO DAVIE WEST DECLARATIONOF RESTRICTIONS
These amendments to the certain Declaration of Restrictions, made this;17 (({
~T-- aay of March, 1986, by Davie West Homeo~lers Association, Inc., a
Florida corporation, and all its members, hereinafter referred to as
"Declarants", and their successors and assigns.
WlfER"AS, declarants previously declared restrictions dated' the 27th day
of May, 1968, and recorded in record book 3672, page 638 of the Public
Records of Broward County, Florida,
WHEREAS, declarants wish to amend said Declaration of Restrictions previously
declared.
WHEREAS, the favorable vote of the majority in number of the then owners
of lots have approved these amendments by written ballot.
NOW, THEREFORE, in consideration of the covenants set forth above, the
Declaration of Restrictions are hereby amended as follows:
1- There shall be a minimum of 2,400 square footage of living area (garage
excluded) required in each new home erected.. .
be. a minimum two-car garage required with each new home
and patio areas
2- There shall
erected.
3~ There shall be mandatory membership required of all new owners in the.
Davie West Homeowners Association, Inc.,. a Florida corporation not for
profit which will eventually have as its members owners of the various lots
and which is established to enforce and implement these Declarations of
Restrictions.
IN WITNESS WHEREOF, declarant has 'caused these presents to be executed in
its name and its corporate seal to be.hereunto affixed this ~dar, of", . .\\\\..\tII:'/"il,..
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DAVIE WEST HOMEOWNER~;.'i$.~OC~I~e::~ .'/'
-":'<',;'. i~j.:.:.<:::~.\.:~."~ "..!III;I\'"
.~.~ 0.,-,/\.., i'-1 ~Starr Shannon, presid';;nt// C-
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. 8b29 84 3b
AMENDMENT TO DECLARATIONOF RESTRICTIONS
DAVIE WEST HOMEOWNERS' ASSOCIATION, INC., a Florida not
for profit corporation, hereby, pursuant to Florida Statutes §6l7
et seq. and pursuant to Article IX of its Declaration of
Restrictions, amends the Declaration of Restriction, as follows:
Article VII entitled "Right to Enforce" is hereby
amended to read as follows:
The provisions herein contained shall bedeemed to be binding covenants and shallrun with and bind the land and shallinure to the benefit of, and be enforce-able by the Declarer or the owner of anyland included in said subdivision. TheDeclarer shall have a lien on each parcelfor any unpaid assessments. The lien maybe enforced by an action at law in themanner of a foreclosure action or by per-sonal action. The Declarer may enforceall other restrictions set forth in theDeclaration of Restrictions by a pro-ceedinq at law or equity. All attorneys'fees, costs and expenses incident to thecollection of assessments shall be pay-able by the unit owner and secured by thelien. The owner shall be responsible forall attorneys' fees and costs in prepara-tion of personal actions brought by theDeclarer to enforce the contents of theDeclaration of Restrictions. Failure bythe Declarer or any landowner, howeverlong continued, to object to any viola-tion or enforce any restriction, condi-tion or covenant herein contained, shallin no event be deemed a waiver of theright to do so thereafter as to the samebreach or as to one occuring prior orsubsequent thereto. Any expense in en-forcing the provisions herein containedshall be paid by the defaulter.
IN WITNESS WHEREOF, this Amendment to the Declaration of
Restrictions of DAVIE WEST HOMEOWNERS' ASSOCIATION, INC., has been
.'") :-\~ ~ [j0<-0 day of "L\:.t
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DAVIE WEST HOMEOWNERS'ASSOCIATION, INC.
<=::::. \ <::"""'1DBY:~~1/\,'Vl01/1
President
executed this , 1986.
Secretary
.>-~
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day before me, an officerduly qualified to take acknowledgments, personally appeared
STA-R~ S\\Af\l NO(\( , as President of DAVIE WEST HOMEOWNERS'ASSOCIATION, INC., and ~\ANMP AUC.A:VI P as Secretary ofDAVIE WEST HOMEOWNERS' ASSOCIATION, INC., to me known to be thepersons described in and who executed the foregoing instrument andacknowledged before me that they executed the same.
WITNESS my handState last aforesaid this
,
""""
l
NOTICE OF RENEWAL
91057888NOTICE IS HEREBY GIVEN that pursuant to the meeting of November 19,
1989, the DAVIE WEST HOMEOWNERS ASSOCIATION does hereby renew the restrictions
affecting all lots and blocks and improvements located thereon located in;
The North 1532.27 feet, measured at right angles toand parallel with the North Boundary line thereof,
of Block 2, MARTHA BRIGHT FARMS, according to thePlat thereof, recorded in Plat Book 15, Page 16, of thePublic Records of Broward County, Florida, less theWest 15 feet thereof.
said Restrictions having been recorded in Official Records Book 3672, at
Page 638; and Modification of Restrictions recorded in Official Records Book
4234 at Page 887; and Amended Declaration of Restrictions recorded in
Official Records Book 4340 at Page 839; and Amendment to Deed Restrictions
recorded in Official Resords Book 6209 at Page 870; and Amendment to Davie
West Declaration of Restrictions recorded in Official Records Book 13258
at Page 796; and Amendment to Declaration of Restrictions recorded in Official;
Records Book 13641 at Page 887, all in the Public Records of Broward County,
Florida; to be renewed for an additional period of five (5) years, expiring
December 31, 1994.
IN WITNESS WHEREOF the undersigned officer of DAVIE WEST HOMEOWNERS
ASSOCIATION has. executed this Notice of Renewal on this 31st day of December,
1989, in Broward County, Florida.
DAVIE WEST HOMEONWERS ASSOCIATION
".....
By'
Mark
',U)II.Of D I,:. :y.: OfrlC!A.l RfCGti!'\ f\c)O~0: b<O'II,~:J COU,1:Y. FlORIDA
L. 1-'.. HESTERt:. ':;'U~".;1 A(jll\~;::SrRA10R
STATE OF FLORIDA)COUNTY OF BROWARD)
Before me, the undersigned authority, this day personally appeared
MARK FLYNT, President of DAVIE WEST HOMEOWNERSASSOCIATION, who, after being
first duly sworn, deposes and says that he has executed the for~Joing on behalf
of said corporation for the purposes therein expressed.
WITNESS my hand and seal on this 31st da); of December, 1989.
(I k.
My Commission Expires:
Notory Public. Stalo ufnu,icJMV Commiss;{l1\ Expire, P"t. L ;:.;:1
Bond~d jhru T~;IY FIlii\.:.;;:.'1..,., !
blic, Stateof Florida
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AMENDMENT TO DECLARATIONOF RESTRICTIONS !:::~.":':-'':''':: ,.:. "#
I DAVIE WEST HOMEOWNERS' ASSOCIATION, INC., a Florida not
for profit corporation, hereby, pursuant to Florida Statutes §617
et seq. and pursuant to Article IX of its Declaration of
Restrictions, amends the Declaration o~ Restrictions, as follows:~
Article XII is hereby amended as follows:
Each lot owner shall be assessed proportionatelyfor the maintenance of the entry wall and ~ecorativeentry to the subject property which comprises 100acres, more or less, but in no event shall suchassessment be more than $12.00 per acre per month.Further, each lot owner shall be assessed proportionatelyfor the maintenance and operation o~.the pumpapparatus giving water~control to the area.. It shallbe the obligation of the Declarer .solely to initiallyprovide the entry way and the drainag~~pUmp andmotor, in good working order.. Al~ maihtenancechar es shall be rom tl aid. The Associationshall charge a late fee of one and one-half 1 %"ercent er month on delin uent a ents'more ~
than sixty 60) days late. There shall be a one" Jtime fee due from all lot owners of $20.00 per ~acre due at the time determined by the purchas~of the lot or other times so determined by theBoard. > .~ " .,d.",
~:t . '>~i;t:.f'~'.~',
IN WITNESS WHEREOF, this Amendment to the Declarationof..
Restrictions of DAVIE WEST HOMEOWNERS' ASSOCIATION, INC.,
has been executed this , IJ. ..p..
RECCHDED!NrrlE cmc!.".l RECORDSBOOK "".!!.' OFBROWA!\DCOUNTYFLORiDA
..-
. THIS INSTRUMENT ?REPARi!D BY:
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9.l~-616843 T#OO 112-27-94 04:23PM
AMENDMENT TO DECLARATIONOF RESTRICTIONS
DAVIE WEST HOMEOWNERS' ASSOCIATION, INC., a Florida not
for profit corporation, hereby, pursuant to Florida statutes 6' ..,
et seq. and pursuant to Article IX of its Declaration of
Restrictions, amends the Declaration of Restrictions, as follows:
Article VIII entitled "Duration of Restrictions" is
hereby amended to read as follows:
The Declaration of Restrictions and all Amendments toDeclaration of Restrictions previously recorded shal:run with the land and shall inure to the benefit or andbe enforceable by the Declarer or Association untilDecember 31, 2005, after which time said covenants shallbe automatically extended for successive periods of tenyears unless an instrument signed.by a majority of t~~then Owners of the Lots has been recorded agreeing toch~nge said covenants in whole or in part.
Article II entitled "Nuisances" is hereby amended to
read as follows:
There shall not be erected, constructed, suffered,committed, m.lintained, used or operated on any of theland included in said subdivision any nuisance of anykind or character.
No rubbish, garbage, debris or material shall bedeposited on any of the land included in said propertyexcept building material during the course of construc-.tion on the site.
No sign of any character shall be erected, pasted,posted or displayed upon or about any lot in or on partor said plot or lot without the written permission ofthe Declarer, and she shall have the right of uncon-trolled discretion to prohibit or to restrict andcontrol the size, construction, material, wording anelocation and height of all signs and may summarilyremove and destroy all unauthorized signs.
J( .yCt.;:.. 1'1 fJA (£;. S FE \.M /1/"'1I I
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Page 2
The Declarer reserves the right to care for vacant andunimproved and unkept lots in said property, remove anddestroy tall grass, undergrowth, weeds, and rubbishtherefrom, and any unsightly and obnoxious thing there-from, and do any other things and perform any labornecessary or desirable in the judgment of the Declarerto keep the property, and the land, contiguous andadjacent thereto neat and in good order and chargesame against the Owner of said lot or lots.
No vehicle. shall be stored on the Property or allowedto remain on the Property which does not have a currentautomobile tag or which might be described as aderelict vehicle or wrecked vehicle.
IN WITNESS WHEREOF the undersigned officer of DAVIE WEST
HOMEOWNERS ASSOCIATION has executed this Amendment to Declaration
of Restrictions on this 19th day of December, 1994, in Broward
County, Florida.
DAVIE WEST HOMEOWNERS ASSOCIATION, INC.
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C1i-dl~W:wi /
Witness
STATE OF FLORIDACOUNTY OF BROWARD
Before me, the undersigned authori ty, this day personall yappeared MARY FOULK, President of DAVIE WEST HOMEOHNE~SASSOCIATION, INC. who, after being first duly sworn, deposes and'says that she has executed the foregoing on behalf of saidcorporation for the purposes therein expressed.
WITNESS my hand and seal on this 19th day of December, 1994.
Public, State of Florida'>\\\\\\\\\\..\\\\\\\\\\1 \'\\\\\\\\\...\\\\\\\\\\\\\\\\'-'
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~ .. ( ~~..YPfJe, Joyce M. Steward :.~~ ~~If-c, NotaryPublic,Staleof Florida .:s< ~qV II Commiss:?DNo.CC418093 :.~~ ~ Of 1\.1>'" My CommissioD Expires 12101/98 · :~~ 1.300-J.NOTARY. FIt. Notary s-Mce" Booding Co. ::~,(e'(((( (((((((((((((( !t(((,'t(((((( ((((((((((((((:(l, .
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