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TABLE OF CONTENTS Articles/Sections
ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION
ARTICLE III - CAMINO GARDENS Association INC.
ARTICLE IV - LOT MAINTENANCE- ARCHITECTURAL COMMITTEE AND APPEARANCE COMMITTEE
ARTICLE V - COVENANT FOR ASSESSMENTS
ARTICLE VII - GENERAL RESTRICTIVE COVENANTS
ARTICLE IX - TERM OF DECLARATION
ARTICLE XI - GENERAL PROVISION
Exhibits EXHIBIT "A" - Articles of Incorporation |
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AMENDED AND RESTATED
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: TopARTICLE I - DEFINITIONSThe 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 Associations 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 Veterans 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. TopARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION1. 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. Declarers 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. TopARTICLE 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.
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.
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. TopARTICLE IV - LOT MAINTENANCE;
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