TABLE OF CONTENTS

Articles/Sections

ARTICLE I - DEFINITIONS

  1. Articles.
  2. Assessments.
  3. Association.
  4. Board.
  5. Bylaws.
  6. Camino Gardens.
  7. Common Area.
  8. Common Expenses.
  9. Declarer.
  10. General Assessments.
  11. Institutional Lender.
  12. Lot.
  13. Member.
  14. Owner.
  15. Plats.
  16. Rules and Regulations.
  17. Special Assessments.

ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION

  1. Legal Description.
  2. Annexation of Additional Lands.
  3. Declarer’s Right to Add Additional Property or to Withdraw Property.

 ARTICLE III - CAMINO GARDENS Association INC.

  1. Membership.
  2. Voting Rights.
  3. Common Area- Duties and Obligations of the Association.
  4. General Powers.
  5. Rules and Regulations.

ARTICLE IV - LOT MAINTENANCE- ARCHITECTURAL COMMITTEE AND APPEARANCE COMMITTEE

  1. Maintenance.
  2. Architectural Committee.
  3. Appearance Committee.

ARTICLE V - COVENANT FOR ASSESSMENTS

  1. Lien and Personal Obligation for Assessments.
  2. Purpose of Assessments.
  3. Date of Commencement of General Assessments; Due Dates.
  4. Special Assessments.
  5. Trust Funds.
  6. Roster; Notice.
  7. Subordination of Lien for Assessments to Institutional Lender.

ARTICLE VI - EASEMENTS

  1. Utility Easements.
  2. Prohibition Against Grants of Additional Easements.
  3. Member Easements.
  4. Easements Appurtenant.
  5. Limited Public Easements and Dedications.

 ARTICLE VII - GENERAL RESTRICTIVE COVENANTS

  1. Land Use.
  2. Garages.
  3. Vehicles.
  4. Outside Storage of Personal Property.
  5. Portable Buildings.
  6. Garbage and Trash.
  7. Pets.
  8. Landscaping.
  9. Maintenance.
  10. Clotheslines and Outside Clothes Drying.
  11. Local Ordinances.
  12. Outside Antennas, Satellite Dishes and Signage.
  13. Storage Tanks and Air Conditioning Units.
  14. Oil and Mining Operations.
  15. Fences and Walls.
  16. Drainage.
  17. Single-Story.
  18. Visibility at Intersections.
  19. Change in Buildings or Improvements.
  20. Leasing.
  21. Waiver.

ARTICLE VIII - ENFORCEMENT

  1. Monetary Default and Collection of Assessments.
  2. Non-Monetary Default.

 ARTICLE IX - TERM OF DECLARATION

  1. Duration.
  2. Relation Back.

ARTICLE X - AMENDMENTS

ARTICLE XI - GENERAL PROVISION

  1. Effect of Original Declaration.
  2. Conflict With Articles or Bylaws.
  3. Authority of Association and Delegation.
  4. Severability.

Exhibits

EXHIBIT "A" - Articles of Incorporation

EXHIBIT "B" - Bylaws

EXHIBIT "C" - Legal Description

COMPOSITE EXHIBIT "D" - Annexed Lands

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AMENDED AND RESTATED
DECLARATION OF RESTRICTIVE COVENANTS
FOR CAMINO GARDENS

 

This Amended and Restated Declaration of Restrictive Covenants for Camino Gardens is executed this Sunday of January, 1996 by the Camino Gardens Association, Inc., a Florida not-for-proflt corporation.

WITNESETH

WHEREAS, an instrument entitled "Declaration of Restrictions" dated October 1, 1962 was recorded in Official Records Book 854, Page 587 of the Public Records of Palm Beach County, Florida subjecting the lands more fully described in the Plat of Camino Gardens Section 1, Plat Book 27, Page 139 to restrictive covenants ("Section 1 Declaration"); and

WHEREAS, an instrument entitled "Declaration of Restrictions" dated December 1, 1963 was recorded in Official Records Book 1008, Page 228 of the Public Records of Palm Beach County, Florida subjecting the lands more fully described in the Plat of Camino Gardens Section 2, Plat Book 27, Page 214 to restrictive covenants ("Section 2 Declaration"); and

WHEREAS, an instrument entitled "Declaration of Conditions, Restrictions, Limitations, Covenants, Reservations and Easements" dated April 1, 1966 was recorded in Official Records Book 1353, Page 524 of the Public Records of Palm Beach County, Florida subjecting the lands more fully described in the Plat of Camino Gardens Section 3, Plat Book 28, Page 103 to restrictive covenants ("Section 3 Declaration", which collectively, together with Section 1 Declaration and Section 2 Declaration, and unrecorded Articles of Incorporation and Bylaws of the Camino Gardens Association, Inc., as subsequently amended, modified and extended, shall hereinafter be referred to as Original Declaration"); and

WHEREAS, an instrument entitled "Instrument of Extension" dated December 6, 1977, recorded in Official Records Book 2787, Page 1834 of the Public Records of Palm Beach County, Florida extended the duration of the Original Declaration; and

WHEREAS, an instrument entitled "Declaration of Second Supplemental Deed Restrictions, Limitations, Covenants, Reservations and Easements Affecting Camino Gardens Plat, Sections 1, 2 and 3, Boca Raton, Florida" dated May 4, 1978, recorded in Official Records Book 2863, Page 316 of the Public Records of Palm Beach County, Florida amended the Original Declaration; and

WHEREAS, an instrument entitled "Declaration of Third Supplemental Deed Restrictions, Limitations, Covenants, Reservations and Easements Affecting Camino Gardens Plat, Sections 1, 2 and 3, Boca Raton, Florida" dated April 1, 1980, recorded in Official Records Book 3278, Page 1670 of the Public Records of Palm Beach County, Florida further amended the Original Declaration; and

WHEREAS, an instrument entitled "Fourth Supplemental Declaration of Deed Restrictions, Limitations, Covenants, Reservations and Easements Affecting Camino Gardens Plat, Sections 1, 2 and 3, Boca Raton, Florida" dated April 22, 1985, recorded in Official Records Book 4529, Page 509 of the Public Records of Palm Beach County, Florida further amended the Original Declaration; and

WHEREAS, an instrument entitled "Extension of the Declaration of Restrictions for Camino Gardens Association, Inc." dated December 9, 1992, recorded in Official Records Book 7515, Page 36 of the Public Records of Palm Beach County, Florida further extended the Original Declaration; and

WHEREAS, an instrument entitled "Second Amendment to the Camino Gardens Association, Inc. Bylaws" dated December 30, 1992, recorded in Official Records Book 7614, Page 1028 of the Public Records of Palm Beach County, Florida further amended the Original Declaration; and

WHEREAS, an instrument entitled "Fifth Supplemental to the Declaration of Restrictions for Camino Gardens" dated January 14, 1992, recorded in Official Records Book 7614, Page 1031 of the Public Recorded of Palm Beach County, Florida further amended the Original Declaration; and

WHEREAS, an instrument entitled "Sixth Supplemental to the Declaration of Restrictions for Camino Gardens" dated July 6, 1994, recorded in Official Records Book 8339, Page 827 of the Public Records of Palm Beach County, Florida further amended the Original Declaration; and

WHEREAS, pursuant to the terms of the Original Declaration, the declarer is defined and construed to mean the original developer, Powdrell and Alexander, Inc., its successors and assigns; and

WHEREAS, Powdrell and Alexander, Inc. assigned all of its rights powers, charges, titles, reversions, trusts and equities reserved or created by the Original Declaration to Camino Gardens, Inc. by instrument dated August 26, 1965, recorded in Official Records Book 1254, Page 321, which rights, powers, charges, titles, reversions, trusts and equities were subsequently assigned by Camino Gardens, Inc. to the Camino Gardens Association, Inc. (hereinafter "Declarer") by instrument dated June 17, 1969, recorded in Official Records Book 1732, Page 933 of the Public Records of Palm Beach County, Florida; and

 

WHEREAS, in Article XII of the Section 1, 2 and 3 Declarations, and Article XV of the Bylaws, the declarer expressly reserved the right to modify the provisions of the Section 1, 2 and 3 Declarations and Bylaws upon the favorable vote of a majority and sixty (60%) percent, respectively, in number of the then owners of lots in Camino Gardens, Sections 1, 2 and 3; and

WHEREAS, Declarer desires to amend and restate the Original Declaration to clarify certain ambiguities which may be contained therein, to modernize and abridge the Original Declaration, to record the Articles of Incorporation and Bylaws, as herein amended, and to subject additional lands; and

WHEREAS, §617.306(1) Florida Statutes, provides that: "Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests, present in person or by proxy, at which a quorum was attained."; and

WHEREAS, on December 12, 1995, seventy-seven (77%) percent of the owners of lots in Camino Gardens, Sections 1, 2 and 3, present in person or by proxy, favorably voted to approve this Amended and Restated Declaration of Restrictive Covenants for Camino Gardens at a properly noticed and duly constituted special meeting of the members of the Camino Gardens Association, Inc., at which a quorum was established pursuant to §617.306(1).

NOW THEREFORE, for and in consideration of the foregoing premises and for and in further consideration of the acceptance hereof by the grantees in Camino Gardens, Sections 1, 2 and 3, Declarer hereby amends and restates the Original Declaration as follows:

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ARTICLE I - DEFINITIONS

The following words when used in this Amended and Restated Declaration of Restrictive Covenants for Camino Gardens ("Declaration") shall have the following meanings:

1. Articles. The Articles of Incorporation of Camino Gardens Association, Inc., a Florida not-for-profit corporation, attached hereto and incorporated herein as Exhibit "A", as same may be amended from time to time.

2. Assessments. Those payments due pursuant to Article V whether general or special (as hereinafter defined) or a combination thereof.

3. Association. The Camino Gardens Association, Inc., a Florida not-for-profit corporation.

4. Board. The Board of Directors of the Association.

5. Bylaws. The Bylaws of the Association, attached hereto and incorporated herein as Exhibit "Bag as same may be amended from time to time.

6. Camino Gardens. The subdivision subjected to this Declaration, which lands are described in the plats, as heinafter defined, together with any lands annexed to Camino Gardens and subjected to this Declaration.

7. Common Area. All portions of the real property reflected on the plats of Camino Gardens, Sections 1, 2 and 3, excluding individual lots, but including, without limitation, the lands annexed pursuant to Article II of this Declaration, all tracts designated as -reserved" all roads, alleys, rights-of-way, parks, easements, together with the reversionary interest in and to all and singular the lands heretofore or hereafter dedicated, if any, together with any improvements on such tracts including, without limitation, all structures, recreational facilities, off-street parking areas, private streets, sidewalks, street lights, perimeter site/privacy walls, entry gates and guard houses and other entry features, but excluding any public utility installations within the Common Area.

8.Common Expenses. All expenses of any kind or nature whatsoever incurred by the Association including, but not limited to the following: (a) expenses of obtaining, repairing or replacing personal property or facilities used in connection with any Common Area or the performance of any of the Association’s duties; (b) expenses incurred in connection with the ownership, maintenance, repair, improvement or operation of the Common Area or any other property maintained by the Association as provided in this Declaration including, but not limited to, utilities, services, taxes, assessments, insurance, administration, operation, maintenance, repairs, replacements, additions, capital improvements and alterations; (c) expenses incurred in connection with the administration, operation and management of the Association, including professional fees for attorneys and accountants; and (d) any other expense declared to be a Common Expense by the provisions of this Declaration or by the Articles or Bylaws.

9. Declarer. Camino Gardens Association, Inc., a Florida not for-profit corporation, its successors and/or assigns. Declarer may make partial or multiple assignments of its rights under this Declaration.

10. General Assessments. Assessments levied to fund expenses applicable to all owners and members of the Association, as those terms are hereinafter defined.

11.Institutional Lender. A state or federal bank or savings and loan association, insurance company, trust company, savings bank, credit union, real estate or mortgage insurance company, United States Veteran’s Administration, United States Federal Housing Administration or a lender generally recognized in Palm Beach County as an institutional lender and holding a first mortgage on real property located in Camino Gardens or otherwise subjected to this Declaration. Any assignee of a mortgage originated by an institutional lender shall be deemed an Institutional Lender for the purposes of said mortgage. The Federal National Mortgage Association, Federal Home Loan Mortgage Corporation and any similar institutions created in the future shall be deemed Institutional Lenders regardless of where any first mortgage held by any of them originated.

12.Lot. Any Lot located in Camino Gardens and depicted upon the plats, as hereinafter defined.

13.Member. All owners.

14.Owner. The record owner, whether one or more persons, of the fee simple title to any Lot.

15.Plats. The Plat of Camino Gardens, Section 1 recorded in Plat Book 27, Page 139; the Plat of Camino Gardens, Section 2 recorded in Plat Book 27, Page 214; and the Plat of Camino Gardens, Section 3 recorded in Plat Book 28, Page 103, all of the Public Records of Palm Beach County, Florida.

16.Rules and Regulations. The rules and regulations promulgated by the Board including, without limitation, rules, procedures and guidelines for the Appearance Committee and architectural standards for the Architectural Committee.

17.Special Assessments. Assessments levied in accordance with Article V hereof.

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ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION

1. Legal Description. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Palm Beach County, Florida, within the municipality of Boca Raton, as described in the Original Declaration and Plats, which are more particularly described in Exhibit "C" attached hereto and made a part hereof.

2. Annexation of Additional Lands. In addition to the real property described in Section 1 of this Article II, Declarer hereby formally annexes the lands conveyed to the Association by Special Warranty Deed dated December 17, 1962 from Powdrell & Alexander, Inc., a Delaware corporation, recorded at Official Records Book 854, Page 598 of the Public Records of Palm Beach County, Florida, and by Deed of Conveyance from Camino Gardens, Inc., a Florida corporation, dated June 17, 1969, recorded in Official Records Book 1732, Page 927 of the Public Records of Palm Beach County, Florida. The lands conveyed by these instruments is more fully described in composite Exhibit "D" attached hereto and made a part hereof.

3. Declarer’s Right to Add Additional Property or to Withdraw Property. Declarer shall have the right to add additional property (which may or may not be contiguous to the real property described in Exhibits "C" and "D") to the scheme of this Declaration. Such additional property shall be and become subject to this Declaration, including Assessments by the Association for a pro rata share of the Association expenses. No property shall be withdrawn from this Declaration unless such property is dedicated to another association or governmental authority. The addition of lands as aforesaid shall be made and evidenced by filing in the Public Records of Palm Beach County, Florida a supplementary declaration or notice of annexation with respect to the lands to be added. Lands may be added or withdrawn from this Declaration only upon the affirmative vote of a majority of the Members present, in person or by proxy, at a regular or special meeting called for such purpose, at which a quorum has been established.

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ARTICLE III - CAMINO GARDENS ASSOCIATION, INC.

1. Membership. Every person who is a record owner of a fee simple title to any Lot in Camino Gardens, whether acquired prior or subsequent to the recording of this Declaration, shall be a Member of the Association. Notwithstanding anything to the contrary set forth in this Declaration, any such person who holds such interest merely as security for the performance of an obligation, or for resale as part of a corporate relocation program, shall not be a Member of the Association. Additionally, and in order to preserve the residential character of Camino Gardens and to insure that the restrictions on leasing hereinafter set forth shall be observed, fee simple title to any Lot shall be held only by an individual or co-tenants provided, however, this shall not be construed to preclude a trustee under an inter vivos revocable trust from becoming a Member so long as the grantor or trustee shall occupy the property or hold a beneficial Interest under the indenture of trust. In addition to the foregoing permitted exception, the Board may, in its sole discretion, permit title to be held in trust pursuant to any other now or hereinafter generally accepted estate planning vehicle. In such case, full Information as to the trust or other estate planning vehicle, the parties and their respective interests shall be furnished to the Board for consideration. Notwithstanding the foregoing, nothing herein contained, shall preclude an Institutional Lender from holding a mortgage on any Lot or taking title to the Lot in settlement and satisfaction of said mortgage or to foreclose the mortgage in accordance with its terms and the laws of the State of Florida or to bid upon said Lot at the foreclosure sale or take title at the foreclosure sale or in lieu of foreclosure.

  1. Chances in Membership. The transfer of the ownership of any Lot, either voluntarily or by operation of law, shall automatically terminate the membership of the prior Owner and the transferee or new Owner shall automatically become a Member of the Association. It shall be the responsibility of any such transferee of a Lot to notify the Association within thirty (30) days from the date of transfer or of any change in the ownership of any Lot, and the corresponding change in any membership, by delivering to the Association a copy of the recorded deed or other instrument of conveyance which establishes a transfer of ownership. In the absence of such notification, the Association may, but shall not be obligated to, recognize any change in membership or ownership of a Lot, for purposes of notice, voting or for any other purpose.
  2. Member Register. In accordance with the requirements of Florida Statutes, Chapter 617, the Association shall maintain a register showing the names and addresses of the Members of the Association.
  3. Membership Certificates. In addition to the Member register, the Association may issue serialized certificates evidencing an Owner’s membership in the Association.

2. Voting Rights. All Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership by Section 1 of this Article III. When more than one (1) person holds by co-tenancy such interest in any Lot, all such persons shall be Members and the vote for such Lot shall be exercised by one (1) such Member as specified in the Articles and Bylaws, but in no event shall more than one (1) vote be cast with respect to any such Lot.

3. Common Area: Duties and Obligations of the Association.

  1. Title, Use and Benefit. Title for all Common Area shall be held by the Association for the use and benefit of the Members and their respective guests and invitees, for all proper and reasonable purposes and uses for which the same are reasonably intended, subject to the terms of this Declaration, the terms of any utility easement or other easement, restriction, reservation or limitation of record affecting the Common Area or contained in the deed or instrument conveying the Common Area to the Association and to any Rules and Regulations duly adopted by the Association. An easement and right for such use is hereby granted in favor of all Members, appurtenant to the title to their Lot.
  2. Maintenance. The Association shall be responsible for the maintenance of the Common Area, the payment of all utility charges, taxes assessed against the Common Area and hazard and liability insurance to assure the interest of the Association and Members in the Common Area. The Association shall at all times maintain in good repair and shall replace as often as necessary any and all improvements situated on the Common Area including, but not limited to, all recreational facilities, landscaping, paving, sidewalks, drainage structures, street lighting fixtures and appurtenances, cables for Common use, if any, entry features, guard houses, speed bumps, entry gates, perimeter privacy walls and fences, fountains, boardwalks, docks, seawalls and any other structures except public utilities, situated on Common Area. In addition to the foregoing, this maintenance obligation shall include the Association’s obligation to provide utility service including, but not limited to, electricity and water consumed in the operation of Common Area appliances. All work incurred by the Association pursuant to this maintenance obligation, including the cost of operation and administration for the Association, shall be Common Expenses paid for by the Association through Assessments imposed in accordance with Article V hereof. Such Assessments shall be General Assessments and levied against all Lots equally; provided, however, that the cost of any maintenance, repair or replacement caused by the negligent conduct of a Member or Owner or by the failure of a Member or Owner to comply with the lawfully adopted Rules and Regulations shall be levied as a Special Assessment against such Member or Owner only. No Owner may waive or otherwise escape liability for the Assessments for such maintenance by non-use of the Common Area or abandonment of that Member’s right to use the Common Area
  3. Utilities. The Association shall pay the cost for provision of all utility services for the Common Area or for any other real or personal property maintained or operated by the Association, as a Common Expense.
  4. Taxes. The Association shall pay all real and personal property taxes and municipal assessments for the Common Area or for any real property owned by the Association, as a Common Expense.
  5. Insurance. The Association shall purchase insurance as a Common Expense, as follows and to the extent such insurance is available at commercially reasonable rates and is otherwise required based upon the reasonable business judgment of the Board
    1. Liability. A policy or policies of insurance in the form generally known as public liability and/or owner’s, landlord and tenant policies insuring against any and all claims and demands made by any person or persons whomsoever for injuries received in connection with the operation and maintenance of the Common Area and improvements and buildings located thereon or for any other risk insured against by such policies.
    2. Fire, Windstorm and Other Casualty. Policies for insurance to keep insured any and all buildings or improvements now located or which may hereafter by located, built or placed upon the Common Area for protection against loss or damage caused by or resulting from fire, windstorm or other casualty.
    3. Other Insurance. Such other commercially reasonable and prudent insurance coverage as may be desired by the Board, such as flood insurance, errors and omissions insurance, worker’s compensation insurance, director’s and officer’s liability insurance or any other customary form of insurance.
  6. Destruction of Common Area Improvements. In the event of destruction or other casualty to the Common Area, the Association shall promptly cause such damage or destruction to be repaired. Any sums necessary to repair, replace, construct or reconstruct any of the Common Area damaged by fire, windstorm or other casualty, regardless of whether same is Covered in whole or in part by insurance, shall be borne by the Association. In the event insurance monies shall be payable, such insurance monies shall be paid to the Association. The Association shall open an account with a banking institution doing business in Palm Beach County, Florida for the purpose of providing a fund for the repair and reconstruction of the damaged improvements. The Association shall pay into such account, either in addition to the insurance proceeds or in the event there are no insurance proceeds, such sums as may be necessary so that the funds on deposit will equal the cost of repair and reconstruction of the damaged improvements. The sums necessary to pay for the repair or replacement of the damages or destructions as herein contemplated shall be considered a Common Expense, but shall be raised by the Association by a Special Assessment. The Association shall levy such Special Assessment to provide the funds for reconstruction within ninety (90) days from the date the damage or destruction takes place and shall go forward with all deliberate speed so that the reconstruction, repair or replacement shall be completed within nine (9) months from the date of damage. Any repair and restoration must be made substantially in accordance with the plans and specifications for the original improvements that were damaged or according to similar plans approved by the Board. Notwithstanding the foregoing, upon the favorable vote of a majority of the Members present at a meeting, in person or by proxy, at which a quorum is established, the Association may elect either not to restore or repair the damaged Common Area or to make material or substantial changes to the damaged Common Area.
  7. Operational Expenses. The cost of operation and administration of the Association, including any secretarial, bookkeeping, employees and professional services, such as legal and accounting services, necessary to carry out the obligations of the Association and covenants of this Declaration.
  8. General Expenses. Any other cost or expense which, in the reasonable judgment of the Board, is necessary to promote the health, safety and welfare of Members, consistent with the obligations of the Association as set forth in this Declaration.

4. General Powers. In addition to the foregoing specific powers, the Association, through the actions of its Board, shall have the power to enter into any agreement or agreements from time to time with one (1) or more person, firm or corporation for management services. The Association shall have all other powers as provided in its Articles.

5. Rules and Regulations. The Association through its Board may make and enforce reasonable Rules and Regulations governing the use of the Common Areas and any Lot in Camino Gardens and membership in the Association, which Rules and Regulations shall be consistent with the rights and duties established by this Declaration.

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ARTICLE IV - LOT MAINTENANCE;
ARCHITECTURAL COMMITTEE AND APPEARANCE COMMITTEE

1. Maintenance. Each Owner or Member of the Association shall maintain the Lot and all improvements situated thereon including, but not limited to, the residence, entry doors, garage doors, windows screens, roof, eaves and gutters, seawalls, pilings and docks in first-class Condition and repair and in a neat, attractive and orderly manner at all times. All sidewalks, driveways and parking areas located on a Lot or exclusively serving a Lot shall be maintained by the Lot’s Owner and shall be kook times.

2. Architectural Committee. The architectural committee shall be composed of the members of the power and authority to promulgate such Rules and Regulations as it deems necessary to carry out the Provisions and intent of this Section

  1. Owner to Obtain Approval. No Owner of a Lot in Casino Gardens shall make, install, Construct, alter, place or remove any building, fence, screen, enclosure, porch, wall, patio area, pool, spa, seawall, dock, landscaping or any other alteration, addition, improvement or change of any kind or nature to, in or upon any portion of the Owner’s Lot including, but not limited to, any and all aesthetic items such as paint and trim colors, style or design, extension features, artistry, ornaments, sports or recreational apparatus and/or any other such items unless the Owner first obtains the written approval of the Association by and through its Architectural Committee; provided, however, that such approval shall not be required for any maintenance or repair which does not result in any alteration, addition, improvement or change of any kind or nature to any structure, improvement or landscaping feature, including the color of same.
  2. Procedures. Any request by a Member or Owner for approval by the Architectural Committee to any addition, alteration improvement or change shall be in writing and shall be accompanied by plans and specifications or other details as the Architectural Committee may deem reasonably necessary to render its determination as to whether it will approve the proposed addition, alteration, improvement or change. Approval of any request shall not be unreasonably withheld and shall not be withheld in a discriminatory manner or a manner which unreasonably prohibits the reasonable development of any Lot, but may be withheld due to solely aesthetic considerations. The Architectural Committee shall notify the Owner of its approval or disapproval by written notice within thirty (30) days after request for such consent is made in writing to the Architectural Committee. In the event the Architectural Committee fails to disapprove any request within such thirty (30) day period, the application shall be deemed approved and upon request thereafter, the Architectural Committee shall give written notice of such approval. In consenting to any plans and specifications, the Architectural Committee may condition such consent upon changes being made. If the Architectural Committee consents to any plans and specifications, the Owner may proceed to make the alteration, addition, improvement or change in strict conformance with the plans and specifications approved by the Architectural Committee and subject to any Conditions of the Architectural Committee’s approval. In the event of approval of said plans and specifications, the applicant shall provide the Architectural Committee with prompt written notice of the following:
    1. Any and all alterations, deletions, additions and changes of any type or nature whatsoever in the plans and specifications as approved by the Architectural Committee which changes shall be subject to the approval of the Architectural Committee in the same manner as is required for approval of the original plans and specifications.
    2. Completion of Construction and, where applicable, the receipt of a Certificate of Occupancy from the City of Boca Raton and/or Palm Beach County. Said improvements shall not be used or, in the instance where a Certificate of Occupancy is applicable, shall not be occupied, until such time as the Architectural Committee has inspected the improvements and approved same for compliance with the plans and specifications as previously approved by the Architectural Committee.
  3. No Liability. The Architectural Committee shall not be liable to an Owner in connection with the approval or disapproval of any alteration, addition, improvement or Change. Furthermore, any approval of any plans and specifications by the Architectural Committee shall not be deemed to be a determination that such plans and specifications are complete or do not contain certain defects or in fact, meet any standards, guidelines and/or criteria of the Architectural Committee or are, in fact, architecturally or aesthetically appropriate or comply with any applicable governmental requirements and the Architectural Committee shall not be liable for any deficiencies or any injury resulting from any deficiency in such plans and specifications.
  4. Remedy for Violation. In the event this Section 2 of Article IV is violated in that any alteration, addition, improvement or Change is made without first obtaining the approval of the Architectural Committee or is not made in strict conformance with any approval granted by the Architectural Committee, the Board shall specifically have the right to demand that the Owner stop, remove and/or alter any alteration, addition, improvement or Change in a manner which complies with the requirements of the Architectural Committee, including the obligation to return the property or improvements to the state which existed prior to the action by such Owner. The Architectural Committee shall have the right to enter upon the Lot and to conduct any and all corrective work, including the removal and alteration not conducted or completed by the Owner and shall have no liability in connection therewith. Further, the Architectural Committee may pursue injunctive relief or any other legal or equitable remedy provided to the Association by Florida law or Article VIII of this Declaration in order to accomplish such purposes. Any action to enforce this Section 2 of Article IV must be so D ended within one (1) year after the date of violation. The foregoing shall be in addition to any other remedies set forth herein for violations of this Declaration.

3. Appearance Committee. The Appearance Committee shall be a standing committee of the Association appointed by the Board. The Appearance Committee shall be charged with the responsibility of bringing all violations of this Declaration to the attention of the Board including, without limitation, the General Restrictive Covenants set forth in Article VII of this Declaration and the appearance standards set forth hereinabove or in the Rules and Regulations promulgated by the Association, as well as the requirement that all alterations, additions, improvements or changes be approved by the Architectural Committee. The remedy for such violations shall be as set forth in Article VIII of this Declaration.

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©2002 - Camino Gardens Association, Inc., PO Box 274, Boca Raton, FL 33486