Venetian Isles Community Documents
The text below is from the Declaration of Restrictions and Covenants, the Community Standards and the By-Laws of Venetian Isles at Lake Coral Springs. By posting this to the Web, we hope to make this material easier to search.
The Declaration is the document that created our Homeowners Association, and changes to the rules it contains require a 2/3 vote of the Board of Directors, plus the approval of 75% of all the residents in the community. Two amendments (included here) have been recorded so far.
There was also an earlier declaration put in place by WCI Communities (a developer that controlled the property prior to Lennar), which is not yet available online. An amendment to that declaration, which is still in force, governs setbacks within the community and requires that screen pool enclosures be bronze in color.
The Community Standards were also put into place when the Homeowners Association was formed, and can be updated by a vote of the Board of Directors. Several amendments (included here) were put in place in 2002.
Amendments are shown with a line through deleted text and new text underlined.
Most of the architectural and landscaping rules governing homeowners are contained in the Use Restrictions section of the Declaration and in the Community Standards.
Rules governing the Association and its Board of Directors are explained in the By-Laws.
By default, the table of contents shown to the left shows key sections of the Declaration and the Community Standards. You can switch it to show the Declaration Full Table of Contents or the Community Standards Full Table of Contents.
THIS DECLARATION OF RESTRICTIONS AND COVENANTS FOR VENETIAN ISLES (this "Declaration") is made by Lennar Homes, Inc., a Florida corporation ("Lennar"), joined in by Venetian Isles at Lake Coral Springs Community Association, Inc., a Florida not-for-profit corporation ("Association").
RECITALS
A. Lennar is the owner of the real property in Broward County, Florida more particularly described in exhibit 1 attached hereto and made a part hereof ("Venetian Isles at Lake Coral Springs").
B. Lennar desires to subject Venetian Isles at Lake Coral Springs to the covenants, conditions and restrictions contained in this Declaration.
C. This Declaration is a covenant running with all of the land comprising Venetian Isles at Lake Coral Springs, and each present and future owner of interests therein and their heirs, successors and assigns are hereby subject to this Declaration;
NOW THEREFORE, Lennar hereby declares that every portion of Venetian Isles at Lake Coral Springs is to be held, transferred, sold, conveyed, used and occupied subject to the covenants, conditions and restrictions hereinafter set forth.
1. Recitals. The foregoing Recitals are true and correct and are incorporated into and form a part of this Declaration.
2. Definitions. In addition to the terms defined elsewhere in this Declaration, all initially capitalized terms herein shall have the following meanings:
"ACC" shall mean the Architectural Control Committee for Venetian Isles at Lake Coral Springs established pursuant to Section 17.1 hereof.
"Articles" shall mean the Articles of Incorporation of Association filed with the Florida Secretary of State in the form attached hereto as Exhibit 2 and made a part hereof, as amended from time to time.
"Assessments" shall mean any assessments made in accordance with this Declaration and as further defined in Section 15 hereof.
"Association" shall mean the Venetian Isles at Lake Coral Springs Community Association, Inc., its successors and assigns.
"Association Documents" shall mean this Declaration, the Articles, the By-Laws, the Rules and Regulations, and the Community Standards, as amended from time to time.
"Basic Service" shall mean "basic service tier" as described in Section 62(b)(7)(A) of the Cable Television Consumer Protection Act of 1992.
"Board" shall mean the Board of Directors of Association.
"Builder" shall mean any person or entity that purchases a Lot from Developer for the purpose of constructing one or more Homes.
"By-Laws" shall mean the By-laws of Association in the form attached hereto as Exhibit 3 and made a part hereof, as amended from time to time.
"Common Areas" shall mean all real property interests and personalty within Venetian Isles at Lake Coral Springs designated as Common Areas from time to time by Plat or recorded amendment to this Declaration and provided for, owned, leased by, or dedicated to the common use and enjoyment of the Owners within Venetian Isles at Lake Coral Springs. The Common Areas may include, without limitation, open space areas, internal buffers, perimeter buffers, improvements, easement areas owned by others, additions, irrigation pumps, irrigation lines, sidewalks, streets, lights, walls, if any, guardhouse, entrance features, commonly used utility facilities, signage, other lighting, and landscaping within property owned by Association. The Common Areas do not include any portion of a Home. NOTWITHSTANDING ANYTHING HEREIN CONTAINED TO THE CONTRARY, THE DEFINITION OF "COMMON AREAS" AS SET FORTH IN THIS DECLARATION IS FOR DESCRIPTIVE PURPOSES ONLY AND SHALL IN NO WAY BIND OR OBLIGATE DEVELOPER TO CONSTRUCT OR SUPPLY ANY SUCH ITEM AS SET FORTH IN SUCH DESCRIPTION. FURTHER, NO PARTY SHALL BE ENTITLED TO RELY UPON SUCH DESCRIPTION AS A REPRESENTATION OR WARRANTY AS TO THE EXTENT OF THE COMMON AREAS TO BE OWNED, LEASED BY OR DEDICATED TO ASSOCIATION, EXCEPT AFTER CONSTRUCTION AND DEDICATION OR CONVEYANCE OF ANY SUCH ITEM. The Common Areas at this time may include a gatehouse, electronic gates, entrance features, guard rails, buffer or landscape areas and the private roads.
"Community Completion Date" shall mean the date upon which all Homes in Venetian Isles at Lake Coral Springs, as ultimately planned and as fully developed, have been conveyed by Developer and Builder(s) to Owners.
"Community Standards" shall mean such standards of conduct, maintenance or other activity, if any, established by the ACC pursuant to Section 17.5 hereof.
"Contractor" shall have the meaning set forth in Section 17.12.2 hereof.
"CSID" shall mean the Coral Springs Improvement District.
"Data Transmission Services" shall mean enhanced services as defined in Section 64.702 of Title 47 of the Code of Federal Regulations, as amended from time to time, and without regard to whether the transmission facilities are used in interstate commerce.
"Declaration" shall mean this Declaration together with all amendments and modifications thereof.
"Developer" shall mean Lennar and any of its designees, successors and assigns who receive a written assignment of all or some of the rights of Developer hereunder. Such assignment need not be recorded in the Public Records in order to be effective. In the event of such a partial assignment, the assignee shall not be deemed Developer, but may exercise such rights of Developer specifically assigned to it. Any such assignment may be made on a non-exclusive basis.
"Development Plan" shall mean collectively the full or partial concept plan for the development of Venetian Isles at Lake Coral Springs, as it exists as of the date of recording this Declaration, regardless of whether such plan is currently on file with one or more governmental agencies. The Development Plan is subject to change as set forth herein. The Development Plan is not a representation by Developer as to the development of Venetian Isles at Lake Coral Springs or its amenities, as Developer reserves the right to amend all or part of the Development Plan from time to time.
"Expanded Basic Service" shall mean video programming services offered in addition to Basic Service, excluding Premium Channels.
"Home" shall mean each residential home and appurtenances thereto constructed on a Lot within Venetian Isles at Lake Coral Springs. A Home shall be deemed created and have perpetual existence upon the issuance of a final or temporary Certificate of Occupancy on for such residence; provided, however, the subsequent loss of such Certificate of Occupancy (e.g., by casualty or remodeling) shall not affect the status of a Home, or the obligation of Owner to pay Assessments with respect to such Home. The term "Home" includes any interest in land, improvements, or other property appurtenant to the Home.
"Individual Assessments" shall have the meaning set forth in Section 15.2.5 hereof.
"Lender" shall mean the holder of a first mortgage encumbering a Home or any portion of Venetian Isles at Lake Coral Springs.
"Lennar" shall mean Lennar Homes, Inc., a Florida corporation, its designees, successors and assignees.
"Lot" shall mean any platted residential lot shown on a Plat.
"Master Association" shall mean the Lake Coral Springs Association, Inc.
"Master Covenants" shall mean the Declaration of and General Protective Covenants for Lake Coral Springs Community recorded in Official Records Book 19085 at Page 400 of the Public Records of Broward County, Florida, as the same may be amended from time to time.
"Monitoring System" shall mean any electronic surveillance and/or monitoring system intended to control access, provide alarm service, and/or enhance the welfare of exclusively Venetian Isles at Lake Coral Springs. By way of example, and not of limitation, the term Monitoring System may include a central alarm system, electronic entrance gates, gatehouses, roving attendants, wireless communication to Homes, or any combination thereof. THE PROVISION OF A MONITORING SYSTEM SHALL IN NO MANNER CONSTITUTE A WARRANTY OR REPRESENTATION AS TO THE PROVISION OF OR LEVEL OF SECURITY WITHIN VENETIAN ISLES AT LAKE CORAL SPRINGS. DEVELOPER, BUILDERS AND ASSOCIATION DO NOT GUARANTEE OR WARRANT, EXPRESSLY OR BY IMPLICATION, THE MERCHANTABILITY OF FITNESS FOR USE OF ANY MONITORING SYSTEM, OR THAT ANY SUCH SYSTEM (OR ANY OF ITS COMPONENTS OR RELATED SERVICES) WILL PREVENT INTRUSIONS, FIRES, OR OTHER OCCURRENCES, REGARDLESS OF WHETHER OR NOT THE MONITORING SERVICE IS DESIGNED TO MONITOR THE SAME. EACH AND EVERY OWNER AND THE OCCUPANT OF EACH HOME ACKNOWLEDGES THAT DEVELOPER, BUILDERS AND ASSOCIATION, THEIR EMPLOYEES, AGENTS, MANAGERS, DIRECTORS, AND OFFICERS, ARE NOT INSURERS OF OWNERS OR HOMES, OR THE PERSONAL PROPERTY LOCATED WITHIN HOMES. DEVELOPER, BUILDERS AND ASSOCIATION WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES, OR DEATHS RESULTING FROM ANY SUCH EVENTS.
"Monthly Assessments" shall have the meaning set forth in Section 15.2.1 hereof.
"Multichannel Video Programming Service" shall mean any method of delivering video programming to Homes. By way of example, and not of limitation, the term Multichannel Video Programming Service may include cable television, satellite master antenna television, multipoint distribution systems, video dialtone, or any combination thereof.
"Neighborhood Covenants" shall mean the Declaration of Neighborhood Covenants for West Shore attached to that certain Warranty Deed as Exhibit 1 recorded in Official Records Book 25854 at Page 396 of the Public Records of Broward County, Florida.
"Operating Costs" shall mean all costs and expenses of Association and the Common Areas including, without limitation, all costs of ownership; operation; administration; all amounts payable by Association; all amounts required to maintain the portions of the Surface Water Management System within the Common Areas; all amounts payable in connection with any private street lighting agreement between Association and FPL; amounts payable to a Telecommunications Provider for Telecommunication Services furnished to all Owners; utilities; taxes; insurance; bonds; Monitoring System costs (if any); salaries; management fees; professional fees; service costs, supplies; maintenance; repairs; replacements; refurbishments; and any and all costs relating to the discharge of the obligations hereunder, or as determined to be part of the Operating Costs by Association. By way of example, and not of limitation, Operating Costs shall include all of Association's legal expenses and costs relating to or arising from the enforcement and/or interpretation of this Declaration. Without limiting the foregoing, Developer reserves the right to determine which expenses of Association are Operating Costs.
"Owner" shall mean the record owner (whether one or more persons or entities) of fee simple title to any Home. The term "Owner" shall not include Developer until the Turnover Date, or a Lender.
"Permit" shall mean any permit issued by CSID, including but not limited to permit #97-8 attached hereto as Exhibit 4 and made a part of, in connection with Venetian Isles at Lake Coral Springs.
"Plat" shall mean any plat of any portion of Venetian Isles at Lake Coral Springs filed in the Public Records, as the same may be amended by Developer, from time to time.
"Premium Channels" shall mean any channel recognized in the industry as premium including, without limitation, HBO, Showtime, Disney, Cinemax and the Movie Channel.
"Public Records" shall mean the Public Records of Broward County, Florida.
"Reserves" shall have the meaning set forth in Section 15.2.4 hereof.
"Rules and Regulations" shall mean the Rules and Regulations governing Venetian Isles at Lake Coral Springs as adopted by the Board from time to time.
"Special Assessments" shall mean those Assessments more particularly described as Special Assessments in Section 15.2.2 hereof.
"Surface Water Management System" shall mean the collection of devices, improvements, or natural systems whereby surface waters are controlled, impounded or obstructed. This term includes exfiltration trenches, wetland preservation areas, mitigation areas, lakes, dams, impoundments, reservoirs, drainage maintenance easements and those works defined in Section 373.403(i)-(5) of the Florida Statutes.
"Telecommunications Provider" shall mean any party contracting with Association to provide Owners with one or more Telecommunication Services. Developer may be a Telecommunications Provider. With respect to any particular Telecommunications Services, there may be one or more Telecommunications Providers. By way of example, with respect to Multichannel Video Programming Service, one Telecommunications Provider may provide Association such service while another may own, maintain and service the Telecommunications Systems which allow delivery of such Multichannel Video Programming Service.
"Telecommunications Services" shall mean local exchange services provided by a certified local exchange carrier or alternative local exchange company, intraLATA, and interLATA voice telephony and data transmission service, Multichannel Video Programming Service, and Monitoring System. Without limiting the foregoing, such Telecommunications Services may include the provision of the following services: Toll Calls, Data Transmission Services, Basic Service, Expanded Basic Service and Premium Channels.
"Telecommunications Systems" shall mean all facilities, items and methods required and/or used in order to provide Telecommunications Services to Venetian Isles at Lake Coral Springs. Without limiting the foregoing, Telecommunications Systems may include wires (fiber optic or other material), conduits, passive and active electronic equipment, pipes, wireless cell sites, computers, modems, satellite antennae site(s), transmission facilities, amplifiers, junction boxes, trunk distribution, drop cables, related apparatus, converters, connections, head-end antennae, earth station(s), appurtenant devices, network facilities necessary and appropriate to support provision of local exchange services and/or any other item appropriate or necessary to support provision of Telecommunications Services. Ownership and/or control of all of a portion of any part of the Telecommunications Services may be bifurcated among network distribution architecture, system head-end equipment, and appurtenant devices (e.g., individual adjustable digital units).
"Tenant" shall mean the lessee named in any written lease respecting a Home who is legally entitled to possession of any rental Home within Venetian Isles at Lake Coral Springs Isles.
"Title Documents" shall have the meaning set forth in Section 29.8 hereof.
"Toll Calls" shall have meaning given to such term by the Florida Public Service Commission and/or the Federal Communications Commission.
"Turnover Date" shall mean the date upon which ninety percent (90%) of the Homes that can be built within Venetian Isles at Lake Coral Springs have been conveyed by Developer or any Builder to Owners.
"Use Fees" shall have the meaning set forth in Section 15.2.3 hereof.
"Venetian Isles at Lake Coral Springs" shall mean all of the real property described on Exhibit 1 and shall include the Common Areas, each Home, each Lot, tract, unit or other subdivision of real property, subject to additions and deletions thereto as permitted pursuant to the terms of this Declaration. Developer may, when amending or modifying the description of real property which is subject to the operation of this Declaration, also amend or modify the definition of Venetian Isles at Lake Coral Springs.
"WCI" shall mean WCI Communities Limited Partnership, a Delaware limited partnership.
"Working Capital Fund" shall have the meaning set forth in Section 15.13 hereof.
"Yard" shall mean the of the yard of a Home. In the event that there is any question about what portion of a Home is part of the Yard, the Association's determination shall be final.
3. Plan of Development. The planning process for Venetian Isles at Lake Coral Springs is an ever-evolving one and must remain flexible in order to be responsible to and accommodate the needs of Developer's buyers. Subject to the Title Documents, Developer may wish and has the right to develop Venetian Isles at Lake Coral Springs and adjacent property owned by Developer into residences, comprised of homes, villas, coach homes, townhomes, zero lot line homes, patio homes, condominiums, and other forms of residential dwellings. The existence at any point in time of walls, landscape screens, or berms is not a guaranty or promise that such items will remain or form part of Venetian Isles at Lake Coral Springs as finally developed.
4. Amendment.
4. 1. General Restrictions on Amendments. Notwithstanding any other provision herein to the contrary, no amendment to this Declaration shall affect the rights of Developer unless such amendment receives the prior written consent of Developer, which consent may be withheld for any reason whatsoever. No amendment shall alter the provisions of this Declaration benefitting Lenders without the prior approval of the Lender(s) enjoying the benefit of such provisions. No amendment shall be effective until it is recorded in the Public Records.
4. 2. Amendments Prior to the Community Completion Date. Prior to the Community Completion Date, Developer shall have the right to amend this Declaration as it deems appropriate, without the joinder or consent of any person or entity whatsoever. Such amendments may include, without limitation, the creation of easements for Telecommunication Systems, utility, drainage, ingress and egress and roof overhangs over any portion of Venetian Isles at Lake Coral Springs; additions or deletions from the properties comprising the Common Areas, changes in the Rules and Regulations, and modifications of restrictions on the Homes, and maintenance standards for landscaping. Developer's right to amend under this provision is to be construed as broadly as possible. By way of example, and not as a limitation, Developer may create easements over Homes conveyed to Owners provided that such easements do not prohibit the use of such Homes as residential homes. In the event that Association shall desire to amend this Declaration prior to the Community Completion Date, Association must first obtain Developer's prior written consent to any proposed amendment. Thereafter, an amendment identical to that approved by Developer may be adopted by Association pursuant to the requirements for amendments from and after the Community Completion Date. Thereafter, Developer shall join in such identical amendment so that its consent to the same will be reflected in the Public Records.
4. 3. Amendments From and After the Community Completion Date. After the Community Completion Date, but subject to the general restrictions on amendments set forth above, this Declaration may be amended with the approval of (i) sixty six and 2/3 percent (66 2/3%) of the Board; and (ii) seventy-five percent (75%) of all of the votes in Association.
5. Annexation and Withdrawal.
5. 1. Annexation by Developer. Prior to the Community Completion Date, additional lands may be made part of Venetian Isles at Lake Coral Springs by Developer, at Developer's sole discretion. Such additional lands to be annexed may or may not be adjacent to Venetian Isles at Lake Coral Springs. Except for applicable governmental approvals (if any), no consent to such annexation shall be required from any other party (including, but not limited to, Association, Owners or any Lenders of any portion of Venetian Isles at Lake Coral Springs, including a Home). Such annexed lands shall be brought within the provisions and applicability of this Declaration by the recording an amendment to this Declaration in the Public Records. The amendment shall subject the annexed lands to the covenants, conditions, and restrictions contained in this Declaration as fully as though the annexed lands were described herein as a portion of Venetian Isles at Lake Coral Springs. Such amendment may contain additions to, or modifications of, omissions to, the covenants, conditions, and restrictions contained in this Declaration as deemed appropriate by Developer and as may be necessary to reflect the different character, if any, of the annexed lands. Prior to the Community Completion Date, only Developer may add additional lands to Venetian Isles at Lake Coral Springs.
5.2. Annexation by Association. After the Community Completion Date, and subject to applicable governmental approvals (if any), additional lands may be annexed with the approval of (i) sixty-six and 2/3 percent (66 2/3%) of the Board; and (ii) seventy-five percent (75%) of all of the votes in Association.
5.3. Withdrawl. Prior to the Community Completion Date, any portions of Venetian Isles at Lake Coral Springs (or any additions thereto) may be withdrawn by Developer from the provisions and applicability of this Declaration by the recording of an amendment to this Declaration in the Public Records. The right of Developer to withdraw portions of Venetian Isles at Lake Coral Springs shall not apply to any Home which has been conveyed to an Owner unless that right is specifically reserved in the instrument of conveyance or the prior written consent of the Owner is obtained. The withdrawal of any portion of Venetian Isles at Lake Coral Springs shall not require the consent or joinder of any other party (including, but not limited to, Association, Owners, or any Lenders of any portion of Venetian Isles at Lake Coral Springs). Association shall have no right to withdraw land from Venetian Isles at Lake Coral Springs.
6. Dissolution.
6.1. Generally. In the event of the dissolution of Association without reinstatement within thirty (30) days, other than incident to a merger or consolidation, any Owner may petition the Circuit Court of the appropriate Judicial Circuit of the State of Florida for the appointment of a receiver to manage the affairs of the dissolved Association and to manage the Common Areas in the place and stead of Association, and to make of such provisions as may be necessary for the continued management of the affairs of the dissolved Association.
6. 2. Applicability of Declaration after Dissolution. In the event of dissolution of Association, Venetian Isles at Lake Coral Springs and each Home therein shall continue to be subject to the provisions of this Declaration, including, without limitation, the provisions respecting Assessments specified in this Declaration. Each Owner shall continue to be personally obligated to the successors or assigns of Association for Assessments to the extent that Assessments are required to enable the successors or assigns of the Association to properly maintain, operate and preserve the Common Areas. The provisions of this Section shall only apply with regard to the maintenance, operation, and preservation of those portions of Venetian Isles at Lake Coral Springs which had been Common Areas and continue to be so used for the common use and enjoyment of the Owners.
7. Binding Effect and Membership.
7.1. Term. The term of this Declaration shall be perpetual. Each Owner, by acceptance of title to a Home or to any portion of Venetian Isles at Lake Coral Springs and any person claiming by, through or under such Owner, agrees to be subject to this Declaration and the provisions hereof. The provisions of this Declaration are equitable servitudes and run with the land.
7.2. Transfer. The transfer of the fee title to a Home, whether voluntary or by operation of law, terminating the Owner's title to that Home shall terminate the Owner's rights to the use of and enjoyment of the Common Areas as it pertains to that Home and shall terminate such Owner's membership in Association. An Owner's rights and privileges under this Declaration are not assignable separately from a Home. The Owner of each Home is entitled to the benefits of, and is burdened with the duties and responsibilities set forth in, the provisions of this Declaration. All parties acquiring any right, title and interest in and to any Home shall be fully bound by the provisions of this Declaration. In no event shall any Owner acquire any rights that are greater than the rights granted to, and limitations placed upon its predecessor in title pursuant to the provisions of this Declaration. In the event that any Owner desires to sell or otherwise transfer title of his or her Home, such Owner shall give the Board at least fourteen (14) days prior written notice of the name and address of the purchaser or transferee, the date on which such transfer of title is to take place, and such other information as the Board may reasonably require. The transferor shall remain jointly and severally liable with the transferee for all obligations of the Owner and the Home pursuant to this Declaration including, without limitation, payment of all Assessments accruing prior to the date of transfer. Until written notice is received as provided in this Section, the transferor and transferee shall be jointly and severally liable for Assessment accruing subsequent to the date of transfer. In the event that upon the conveyance of a Home an Owner fails in the deed of conveyance to reference the imposition of this Declaration on the Home, the transferring Owner shall remain liable for Assessments accruing on the Home from and after the date of conveyance.
7.3. Membership. Upon acceptance of title to a Home, and as more fully provided in the Articles and By-Laws, each Owner (or his or her Tenant, if applicable) shall be a member of Association. Membership rights are governed by the provisions of this Declaration, the deed to a Home, the Articles and By-laws Membership shall be an appurtenance to and may not be separated from, the ownership of a Home. Developer rights with respect to Association are set forth in this Declaration, the Articles and the By-laws.
7.4. Ownership by Entity. In the event that an Owner is other than a natural person, that Owner shall, prior to occupancy of the Home, designate one or more persons who are to be the occupants of the Home and register such persons with Association. All provisions of this Declaration and Rules and Regulations promulgated pursuant thereto shall apply to both such Owner and the designated occupants.
7.5. Voting Interests. Voting interests in Association are governed by the provisions of the Articles and By-Laws.
7. 6. Document Recordation by Owners Prohibited. Neither Association nor any Owner, nor group of Owners, may record any documents which, in any way, affect or restrict the rights of Developer, or conflict with the provisions of this Declaration.
7. 7. Conflicts. In the event of any conflict among this Declaration, the Master Covenants, the Neighborhood Declaration, the Articles, the By-laws or any of the other Association Documents, WCI may have the right to resolve such conflict as set forth in the Neighborhood Covenants. In the event of any conflict among this Declaration, the Articles, the By-laws or any of the other Association Documents, this Declaration shall control.
8. Paramount Right of Developer. Notwithstanding anything to the contrary herein, prior to the Community Completion Date Developer shall have the paramount right to dedicate, transfer, and/or convey (by absolute conveyance, easement, or otherwise) portions of Venetian Isles at Lake Coral Springs for various public purposes or for the provision of Telecommunication Systems, or to make any portions of Venetian Isles at Lake Coral Springs part of the Common Areas, or to create and implement a special taxing district which may include all or any portion of Venetian Isles at Lake Coral Springs. In addition, the Common Areas of Venetian Isles at Lake Coral Springs may include decorative improvements, and berms. Developer may remove, modify, eliminate or replace these items from time to time in its sole discretion. Developer specifically reserves the right to change the layout, composition, and design of all Common Areas. SALES BROCHURES, SITE PLANS, AND MARKETING MATERIALS ARE NOT GUARANTEES OR REPRESENTATIONS AS TO WHAT FACILITIES, IF ANY, WILL BE INCLUDED WITHIN THE COMMON AREAS.
9. Operation of Common Areas
9.1. Prior to Conveyance. Prior to the conveyance, identification and/or dedication of the Common Areas to Association, any portion of the Common Areas owned by Developer shall be operated, maintained, and administered at the sole cost of Association for all purposes and uses reasonably intended, as Developer in its sole discretion deems appropriate. During such period, Developer shall own, operate, and administer the Common Areas without interference from any Owner or Lender of a Home or any portion of Venetian Isles at Lake Coral Springs or Home or any other person or entity whatsoever. Owners shall have no right in or to any Common Areas referred to in this Declaration unless and until same are actually constructed, completed, and conveyed to, leased by, dedicated to, and/or maintained by Association. Developer has no obligation or responsibility to construct or supply any such Common Areas of Association, and no party shall be entitled to rely upon any statement contained herein as a representation or warranty as to the extent of the Common Areas to be owned, leased by, or dedicated to Association. Developer, so long as it controls Association, further specifically retains the right to add to, delete from, or modify any of the Common Areas referred to herein.
9.2. Construction of Common Areas Facilities. Developer has constructed or will construct, at its sole cost and expense, certain facilities and improvements as part of the Common Areas, together with equipment and personalty contained therein, and such other improvements and personalty as Developer determines in its sole discretion. Developer shall be the sole judge of the composition of such facilities and improvements. Prior to the Community Completion Date Developer reserves the absolute right to construct additional Common Areas facilities and improvements within Venetian Isles at Lake Coral Springs, from time to time, in its sole discretion, and to remove, add to modify and change the boundaries, facilities and improvements now or then part of the Common Areas. Developer is not obligated to, nor has it represented that it will, modify or add to the facilities, improvements, or Common Areas as they are contemplated as of the date hereof. Developer is the sole judge of the foregoing, including the plans, specifications, design, location, completion schedule, materials, size, and contents of the facilities, improvements, appurtenances, personalty (e.g., furniture), color, textures, finishes, or Common Areas, or changes or modifications to any of them.
9.3. Use of Common Areas by Developer. Until the Community Completion Date Developer shall have the right to use any portion of the Common Areas, without charge, for any purpose deemed necessary by Developer.
9.4. Conveyance. Within sixty (60) days after the Community Completion Date, or earlier as determined by Developer in its sole discretion, all or portions of the Common Areas may be dedicated by Plats, created in the form of easements, or conveyed by written instrument recorded in the Public Records or by Quitclaim Deed from Developer to Association. Association shall pay all costs of the conveyance. The dedication, creation by easement, or conveyance shall be subject to easements, restrictions, reservations, conditions, limitations, and declarations of record, real estate taxes for the year of conveyance, zoning, land use regulations and survey matters. Association shall be deemed to have assumed and agreed to pay all continuing obligations and service and similar contracts relating to the ownership operation, maintenance, and administration of the conveyed portions of Common Areas and other obligations relating to the Common Areas imposed herein. Association shall, and does hereby, indemnify and hold Developer harmless on account thereof. Association, by its joinder in this Declaration, hereby accepts such dedication(s) or conveyance(s) without setoff, condition, or qualification of any nature. The Common Areas, personal property and equipment thereon and appurtenances thereto shall be dedicated or conveyed in "as is, where is" condition WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IN FACT OR BY LAW, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE COMMON AREAS BEING CONVEYED.
9.5. Operation After Conveyance. After the conveyance or dedication of any portion of the Common Areas to Association, the portion of the Common Areas so dedicated shall be owned, operated and administered by Association for the use and benefit of the owners of all property interests in Venetian Isles at Lake Coral Springs including, but not limited to, Association, Developer, Owners and any Lenders. Notwithstanding the foregoing, only subject to Association's right to grant easements and other interests as provided herein, Association may not convey, abandon, alienate, encumber, or transfer all or a portion of the Common Areas to a third party without (i) if prior to the Community Completion Date, the approval of (a) a majority of the Board; and (b) the consent of Developer, or (ii) from and after the Community Completion Date, approval of (a) seventy-five percent (75%) of the Board; and (b) seventy-five percent (75%) of all of the votes in Association.
9.6. Paved Common Areas. Without limiting any other provision of this Declaration, Association is responsible for the maintenance of all paved surfaces, roads, pathways, and sidewalks forming a part of the Common Areas, if any. Although pavement appears to be a durable material, it requires maintenance. Association shall have the right, but not the obligation, to arrange for an annual inspection of all roads, pathways, and sidewalks forming a part of the Common Areas by a licensed paving contractor and/or engineer with a Florida Department of Transportation Asphalt Pavement Certification. The cost of such inspection shall be a part of the Operating Costs of Association. Association shall determine annually the parameters of the inspection to be performed, if any. By way of example, and not of limitation, the inspector may be required to inspect the roads and sidewalks forming part of the Common Areas annually for deterioration and to advise Association of the overall pavement conditions including any upcoming maintenance needs. Any patching, grading, or other maintenance work should be performed by a company licensed to perform the work. From and after the Community Completion Date, Association should monitor the roads, cart paths and sidewalks forming the Common Areas monthly to ensure that vegetation does not grow into the asphalt and that there are no eroded or damaged areas that need immediate maintenance.
9.7. Delegation and Manager. Once conveyed or dedicated to Association, the Common Areas and facilities and improvements located thereon shall, subject to the provisions of this Declaration and the document of conveyance or dedication, at all times be under the complete supervision, operation, control, and management of Association. Notwithstanding the foregoing, Association may delegate all or a portion of its obligations hereunder to a licensed manager or professional management company. Association specifically shall have the right to pay for management services on any basis approved by the Board (including bonuses or special fee arrangements for meeting financial or other goals). Further, in the event that a Common Area is created by easement, Association's obligations and rights with respect to such Common Area may be limited by the terms of the document creating such easement.
9.8. Use.
9.8.1 General Public Use. The Common Areas shall be used and enjoyed by the Owners on a non-exclusive basis in Common with other persons, entities and corporations (who may, but are not required to be, members of Association) entitled to use those portions of the Common Areas. Prior to the Community Completion Date, Developer, and thereafter, Association, has the right, at any and all times, and from time to time, to further additionally provide and make the Common Areas available to other individuals, persons, firms, or corporations, as it deems appropriate.
9.8.2. Recreational Facilities. There may be a cabana with restroom facilities and tennis courts exclusive to Venetian Isles at Lake Coral Springs. Any sales brochures, graphic depictions, or illustrations by sales persons are examples of what may be provided (and are not a guarantee of the same). If such recreational facilities are made available to Owners within Venetian Isles at Lake Coral Springs, then costs for the recreational facilities will be passed through to the Owners as part of the Operating Costs of Association. If such recreational facilities are made available to Owners, it may be necessary for Owners to cross a public road in order to access the recreational facilities.
9.8.3. Right to Allow Use. Developer and/or Association may enter into easement agreements or other use or possession agreements whereby the Owners, Telecommunications Providers, and/or Association and/or others may obtain the use, possession of, or other rights regarding certain property, on an exclusive or non-exclusive basis, for certain specified purposes. Association may agree to maintain and pay the taxes, insurance, administration, upkeep, repair, and replacement of such property, the expenses of which shall be Operating Costs. Any such agreement by Association prior to the Community Completion Date shall require the consent of Developer. Thereafter, any such agreement shall require the approval of the majority of the Board of Directors.
9.8.4. Obstruction of Common Areas. No portion of the Common Areas may be obstructed, encumbered, or used by Owners for any purpose other than as permitted by Association.
9.8.5. Assumption of Risk. Without limiting any other provision herein, each person within any portion of the Venetian Isles at Lake Coral Springs accepts and assumes all risk and responsibility for noise, liability, injury, or damage connected with use or occupation of any portion of the Venetian Isles at Lake Coral Springs (e.g., the Common Areas) including, without limitations (a) noise from maintenance equipment (b) use of pesticides, herbicides and fertilizers, (c) view restrictions caused by maturation of trees and shrubbery, (d) or the removal or pruning of shrubbery or trees within the Venetian Isles at Lake Coral Springs, and (e) design of any portion of the Venetian Isles at Lake Coral Springs. Each person entering onto any portion of Venetian Isles at Lake Coral Springs also expressly indemnifies and agrees to hold harmless Developer, Association and Builders and all employees, directors, representatives, officers, agents, and partners of the foregoing, from any and all damages, whether direct or consequential, arising from or related to the person's use of the Common Areas or proximity of any Home, including for attorneys' fees, paraprofessional fees and costs at trial and upon appeal. Without limiting the foregoing, all persons using the Common Areas, including without limitation, any pool or area adjacent to a lake, do so at their own risk. BY ACCEPTANCE OF A DEED, EACH OWNER ACKNOWLEDGES THAT THE COMMON AREAS MAY CONTAIN WILDLIFE SUCH AS ALLIGATORS. DEVELOPER, BUILDERS AND ASSOCIATION SHALL HAVE NO RESPONSIBILITY FOR MONITORING SUCH WILDLIFE OR NOTIFYING OWNERS OR OTHER PERSONS OF THE PRESENCE OF SUCH WILDLIFE. EACH OWNER AND HIS OR HER GUESTS AND INVITEES ARE RESPONSIBLE FOR THEIR OWN SAFETY.
9.8.6. Owner's Obligation to Indemnify. Each Owner agrees to indemnify and hold harmless Developer and Association, their officers, partners, agents, employees, affiliates, directors and attorneys (collectively, "Indemnified Parties") against all actions, injury, claims, loss, liability, damages, costs and expenses of any kind or nature whatsoever ("Losses") incurred by or asserted against any of the Indemnified Parties from and after the date hereof, whether direct, indirect, or consequential, as a result of or in any way related to the Common Areas, including, without limitation, use of the lakes and other waterbodies within Venetian Isles at Lake Coral Springs by Owners, and their guests, family members, invitees, or agents, or the interpretation of this Declaration and/or exhibits attached hereto and/or from any act or omission of Developer, Association, or of any of the Indemnified Parties. Should any Owner bring suit against Developer, Association, or any of the Indemnified Parties for any claim or matter and fail to obtain judgment therein against such Indemnified Parties, such Owner shall be liable to such parties for all Losses, costs and expenses incurred by the Indemnified Parties in the defense of such suit, including attorney's fees and paraprofessional fees at trial and upon appeal.
9.9. Rules and Regulations.
9.9.1. Generally. Prior to the Community Completion Date, Developer, and thereafter Association, shall have the right to adopt Rules and Regulations governing the use of the Common Areas and the Venetian Isles at Lake Coral Springs. The Common Areas shall be used in accordance with this Declaration and Rules and Regulations promulgated hereunder.
9.9.2. Developer Not Subject to Rules and Regulations. The Rules and Regulations shall not apply to the Developer or to any property owned by Developer, and shall not be applied in a manner which would adversely affect the interests of the Developer. Without limiting the foregoing, Developer, and/or its assigns, shall have the right to: (i) develop and construct commercial, club uses, and industrial uses, Homes, Common Areas, and related improvements within Venetian Isles at Lake Coral Springs, and make any additions, alterations, improvements, or changes thereto; (ii) maintain sales offices (for the sale and re-sale of (a) Homes and (b) residences and properties located outside of Venetian Isles at Lake Coral Springs), general office and construction operations within Venetian Isles at Lake Coral Springs; (iii) place, erect or construct portable, temporary or accessory buildings or structure within Venetian Isles at Lake Coral Springs for sales, construction storage or other purposes; (iv) temporarily deposit, dump or accumulate materials, trash, refuse and rubbish in connection with the development or construction of any portion of Venetian Isles at Lake Coral Springs; (v) post, display, inscribe or affix to the exterior of any portion of the Common Areas or portions of Venetian Isles at Lake Coral Springs owned by Developer, signs and other materials used in developing, constructing, selling or promoting the sale of any portion Venetian Isles at Lake Coral Springs including, without limitation, Homes; (vi) excavate fill from any lakes or waterways within and/or contiguous to Venetian Isles at Lake Coral Springs by dredge or dragline, store fill within Venetian Isles at Lake Coral Springs and remove and/or sell excess fill; and grow or store plants and trees within, or contiguous to, Venetian Isles at Lake Coral Springs and use and/or sell excess plants and trees; and (vii) undertake all activities which, in the sole opinion of Developer, are necessary for the development and sale of any lands and improvements comprising Venetian Isles at Lake Coral Springs.
9.10. Default by Another Owner. No default by any Owner in the performance of the covenants and promises contained in this Declaration or by any person using the Common Areas or any other act of omission by any of them shall be construed or considered (a) a breach by Developer or Association or a non-defaulting Owner or other person or entity of any of their promises or covenants in this Declaration; or (b) an actual, implied or construction dispossession of another Owner from the Common Areas; or (c) an excuse, justification, waiver or indulgence of the covenants and promises contained in this Declaration.
9.11. Special Taxing Districts. For as long as Developer controls Association, Developer shall have the right, but not the obligation, to dedicate or transfer or cause the dedication or transfer of all or portions of the Common Areas of Association to a public agency or authority under such terms as Developer deems appropriate in order to create or contract with special taxing districts (or others) for lighting, roads, landscaping, irrigation areas, lakes, waterways, ponds, surface water management systems, wetlands mitigation areas, parks, recreational or other services, security or communications, or other similar purposes deemed appropriate by Developer, including without limitation, the maintenance and/or operation of any of the foregoing. As hereinafter provided, Developer may sign any taxing district petition as attomey-in-fact for each Owner. Each Owner's obligation to pay taxes associated with such district shall be in addition to such Owner's obligation to pay Assessments. Any special taxing district shall be created pursuant to all applicable ordinances of Broward County and all other applicable governing entities having jurisdiction with respect to the same.
9.12. Association's Obligation to Indemnify. Association and Owners each covenant and agree jointly and severally to indemnify, defend and hold harmless Developer, its officers, directors, shareholders, and any related persons or corporations and its employees from and against any and all claims, suits, actions, causes of action or damages arising from any personal injury, loss of life, or damage to property, sustained on or about the Common Areas, or other property serving Association, and improvements thereon, or resulting from or arising out of activities or operations of Association or Owners, and from and against all costs, expenses, court costs, attorneys' fees and paraprofessional fees (including, but not limited to, all trial and appellate levels and whether or not suit be instituted), expenses and liabilities incurred or arising from any such claim, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders judgments or decrees which may be entered relating thereto. The costs and expense of fulfilling this covenant of indemnification shall be Operating Costs to the extent such matters are not covered by insurance maintained by Association.
10. Maintenance by Association.
10.1. Common Areas Except as otherwise specifically provided in this Declaration to the contrary, Association shall at all times maintain, repair, replace and insure the Common Areas, including all improvements placed thereon.
10.2. Lawn Maintenance. Association shall maintain the lawns of the Yards of Homes. This lawn maintenance shall include grass cutting, tree trimming, hedging, edging and fertilization. Any necessary tree trimming over the height set forth in a tree trimming contract is the Owner's sole responsibility. A contract may provide for trimming up to six feet; however, if the height of the contracted tree trimming is changed, then the Owner's responsibility will change accordingly. The Owner of such Home shall be responsible for the maintenance of the sprinkler system, and all other landscaping and improvements in the Yard of such Home, if any, unless an amendment to this Declaration is recorded for one or more Homes making the maintenance of the sprinkler system and/or other improvements in the Yards of such Homes the maintenance obligation of Association. To the extent that an Owner adds improvements and/or landscaping to a Yard over and above that installed by Developer, such Owner shall be solely responsible for all maintenance and repair expenses associated with such additional items as set forth in Section 11.5.1 herein. Further, replacement of dead or diseased landscaping (irrespective of whether such landscaping was initially installed by Developer) shall be at the sole expense of each Owner. EACH OWNER ACKNOWLEDGES THAT SOME HOMES MAY NOT HAVE YARDS, AND OTHER HOMES MAY HAVE YARDS THAT ARE LARGER OR SMALLER THAN THE YARDS OF OTHER HOMES. NOTWITHSTANDING THE FOREGOING, AL LAWN MAINTENANCE EXPENSES SHALL BE DEEMED PART OF THE OPERATING COSTS OF ASSOCIATION, AND EACH OWNER SHALL PAY AN EQUAL SHARE OF SUCH COSTS. If an Owner installs a fence upon a Home in accordance with Section 11.5.4 herein, then a five (5) foot gate must also be installed. On the days which lawn maintenance is provided by the Association, the gate must remain unlocked and any animals kept within the fenced portion must be secured. If the aforesaid procedure is not complied with by an Owner, then Association will not be responsible to the Owner for the lawn maintenance within the fenced portion of the Home. Without limiting the foregoing, such Owner shall be solely responsible for maintaining the inaccessible portion of the Home at such Owner's sole expense.
10.3. Adjoining Areas. Association shall also maintain those drainage areas, swales, lakes maintenance easements, driveways, and landscape areas that are within the Common Areas and immediately adjacent to a Home, provided that such areas are readily accessible to Association. Under no circumstances shall Association be responsible for maintaining any areas within fences or walls that form a part of a Home.
10.4. Negligence. The expense of any maintenance, repair or construction of any portion of the Common Areas necessitated by the negligent or willful acts of an Owner or persons utilizing the Common Areas, through or under an Owner shall be borne solely by such Owner, and the Home owned by that Owner shall be subject to an Individual Assessment for that expense. By way of example, and not of limitation an Owner shall be responsible for the removal of all landscaping and structures placed within easements or Common Areas without the prior written approval of Association.
10.5. Right of Entry. Developer and Association are granted a perpetual and irrevocable easement over, under and across Venetian Isles at Lake Coral Springs for the purposes herein expressed, including, without limitation, for inspections to ascertain compliance with the provisions of this Declaration, and for the performance of any maintenance, alteration or repair which it is entitled to perform. Without limiting the foregoing, Developer specifically reserves easements for all purposes necessary to comply with any government requirement or to satisfy any condition that is a prerequisite for a governmental approval. By way of example, and not of limitation, Developer may construct, maintain, repair, alter, replace and/or remove improvements; install landscaping; install utilities; and/or remove structures on any portion of Venetian Isles at Lake Coral Springs if Developer is required to do so in order to obtain the release of any bond posted with any governmental agency.
10.6. Maintenance of Property Owned by Others. Association shall, if designated by Developer by amendment to this Declaration or by other notice or direction, maintain vegetation, landscaping, sprinkler system, community identification/features and/or other area or elements designated by Developer upon areas which are within or outside of Venetian Isles at Lake Coral Springs and which are owned by, or dedicated to, others including, but not limited to, a utility, governmental or quasi-governmental entity, so as to enhance the appearance of Venetian Isles at Lake Coral Springs. These areas may include (by way of example and not limitation) swale areas or median areas within the right-of-way of public streets, roads, drainage areas, community identification or features, community signage or other identification and/or areas within canal rights-of-ways or other abutting waterways.
11. Use Restrictions. In addition to use restrictions in the Master Covenants and Neighborhood Covenants, each Owner must comply with the following:
11.1. Disputes as to Use. If there is any dispute as to whether the use of any portion of Venetian Isles at Lake Coral Springs complies with this Declaration, such dispute shall, prior to the Community Completion Date, be decided by Developer, and thereafter by Association. A determination rendered by such party with respect to such dispute shall be final and binding on all persons concerned.
11.2. Use of Homes. Each Home is restricted to residential use as a residence by the Owner or permitted occupant thereof, its immediate family, guests, tenants and invitees.
11.3. Leases. Homes may be leased, licensed or occupied only in their entirety and no fraction or portion may be rented. No bed and breakfast facility may be operated out of a Home. Individual rooms of a Home may not be leased on any basis. No transient tenants may be accommodated in a Home. All leases or occupancy agreements shall be in writing and a copy of all leases of Homes shall be provided to the Association. No Home may be subject to rnore than four (4) leases in any twelve (12) month period, regardless of the lease term. No time-share or other similar arrangement is permitted. The Owner must make available to the lessee or occupants copies of the Association Documents. No lease term shall be less than thirty (30) days.
11.4. Lawful Use. No immoral, improper, offensive or unlawful use shall be made of any portion of Venetian Isles at Lake Coral Springs. All laws, zoning ordinances and regulations of all governmental entities having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental entities for maintenance, modification or repair of a portion of Venetian Isles at Lake Coral Springs shall be the same as the responsibility for maintenance and repair of the property concerned.
11.5. Maintenance by Owners. Subject to the Association's obligation to maintain the Yards as provided in Section 11.2 herein, all sprinkler systems, landscaping and any property, structures, improvements and appurtenances shall be well maintained and kept in first class, good, safe, clean, neat and attractive condition consistent with the general appearance of Venetian Isles at Lake Coral Springs by the Owner of each Home.
11.5.1. Additional Landscaping. Each Owner shall be responsible for the maintenance of any additional landscaping that the Owner installs within the Yard of his or her Home. Association is not obligated to maintain such additional landscaping. Each Owner installing additional landscaping expressly assumes the risk that the lawn maintenance crew employed by Association might trim or cut such additional landscaping in a manner resulting in damage to such additional landscaping. Association shall have no liability for damage or injury to additional landscaping unless such damage or injury is intentional and results in the total destruction of such additional landscaping. Moreover, if an Owner wishes to install additional landscaping within his or her Yard, then the Owner has the option of notifying Association that the Owner does not want the lawn maintenance crew entering his or her Yard to perform the contractual lawn maintenance services. If an Owner chooses to notify Association to not have their Yard maintained by Association, then such Owner shall be solely responsible for performing or causing to be performed at such Owner's sole expense, all lawn maintenance within the Yard of the Home and the lawn maintenance shall be in the same manner and to the same standards as the lawn maintenance provided to other Homes by Association. Association shall have the right to enter the Yard of an Owner who does not maintain his or her Yard in compliance with the lawn maintenance standards provided to other Homes by Association in order to perform the necessary lawn maintenance.
11.5.2. Common Area Enclosed by a Private Fence. If an owner has installed a fence or wall around a Home, or any portion thereof, then such Owner must maintain any portion of the Common Areas that is no longer readily accessible to Association.
11.5.3. Weeds and Refuse. No weeds, underbrush, or other unsightly growth shall be permitted to be grown or remain upon any Home. No refuse or unsightly objects shall be allowed to be placed or suffered to remain upon any Home.
11.5.4. Installation of Private Fence. Upon the prior written approval of the ACC and WCI, owners shall be permitted to install a private fence on such Owner's Home, in accordance with this Declaration and any restrictions in the Master Covenants, provided that a five (5) foot gate is also installed. Notwithstanding the foregoing, each Owner shall be solely responsible for maintaining any inaccessible portion of the Home at such Owner's sole expense.
11.5.5. Driveway Easement. Each Owner shall be responsible to repair, maintain, and/or replace the driveway comprising part of a Home, including, but not limited to, any damage caused by Association or by the holder of any casement over which such driveway is constructed. Each Owner, by acceptance of a deed to a Home, shall be deemed to have agreed to indemnify and hold harmless Association and the holder of any such easement, including without limitation, all applicable utility companies and governmental agencies, their agents, servants, employees and elected officials, from and against any and all actions or claims whatsoever arising out of the use of the Common Areas and any easement or the construction and/or maintenance of any driveway in that portion of the Common Areas, easement area, or in a public right-of-way between the boundary of such Owner's Home and the edge of the adjacent paved roadway. Further, each Owner agrees to reimburse the Association any expense incurred in repairing any damage to such driveway in the event that such Owner fails to make the required repairs.
11.5.6. Lake and Canal Slope Maintenance. Each Owner is responsible for maintaining the lake and canal slopes that are adjacent to such Owner's Home.
11.6. Drainage System. Once a drainage system or drainage facilities are installed by Developer, the maintenance of such system and/or facilities thereafter shall be the responsibility of the Owner of the Home which includes such system and/or facilities. In the event that such system or facilities (whether comprised of swales, pipes, pumps, or other improvements) is adversely affected by landscaping, fences, structures, or additions, the cost to correct, repair, or maintain such drainage system and/or facilities shall be the responsibility of the Owner of each Home containing all or a part of such drainage system and/or facilities. By way of example, and not of limitation, if the roots of a tree within the boundaries of a Home affect pipes or other drainage facilities within another Home, the Owner of the affected Home shall be solely responsible for the removal of the roots within the boundaries of his or her Home. Association and Developer shall have no responsibility or liability for drainage problems of any type whatsoever.
11.7. Surface Water Management System.
11.7.1 Duty to Maintain. Association acknowledges that portions of the Surface Water Management System may lie within the Common Areas owned by Association. The duty of maintenance of the Common Areas expressly includes the duty to operate, maintain, and repair any portion of the Surface Water Management System within the Common Areas. The costs of the operation and maintenance of any portion of the Surface Water Management System within the Common Areas is part of the Operating Costs of Association and each Owner shall pay Assessments which shall include a pro rata share of such costs. Notwithstanding the foregoing, each Owner is responsible for maintaining the lake and canal slopes that are adjacent to such Owner's Home, as provided in Section 11.5.6 herein.
11.7.2. Amendments to Association Documents. Association shall submit to CSID any proposed amendment to the Association Documents which will affect the Surface Water Management System, including any environmental conservation area and the water management portions of the Common Areas. CSID shall then inform Association as to whether the amendment requires any permit. Association shall maintain copies of all water management permits and correspondence respecting such permits for the benefit of the Association.
11.8. Waterways. No Owner whose Home adjoins a waterway may utilize the waterway to irrigate unless the Owner obtains approval from all necessary governmental authorities, the Association and/or Master Association as the case may be. Upon the necessary governmental and/or Master Association approval, Association may use waterways to irrigate Common Areas. BY ACCEPTANCE OF A DEED TO A HOME, EACH OWNER ACKNOWLEDGES THAT THE WATER LEVELS OF ALL WATERBODIES MAY VARY. THERE IS NO GUARANTEE BY DEVELOPER OR ASSOCIATION THAT WATER LEVELS WILL BE CONSTANT OR AESTHETICALLY PLEASING AT ANY PARTICULAR TIME. Developer and Association shall have the right to use one or more pumps to remove water from waterbodies for irrigation purposes at all times.
11.9. Swimming and Boating Prohibited. Swimming in any part of a lake, canal, or other water body forming part of Venetian Isles at Lake Coral Springs is expressly prohibited. Boats, vessels or crafts without combustion engines are permitted on the lake. No boat, vessel or craft more than twenty (20) feet in length is permitted on lake or other waterbody.
11.10. Subdivision and Regulation of Land. No portion of any Home or any portion of Venetian Isles at Lake Coral Springs shall be divided or subdivided or its boundaries changed without the prior written approval of Association. No Owner shall inaugurate or implement any variation from, modification to, or amendment of governmental regulations, land use plans, land development regulations, zoning, or any other development orders or development permits applicable to Venetian Isles at Lake Coral Springs, without the prior written approval of Developer, which may be granted or deemed in its sole discretion.
11.11. Alterations and Additions. No material alteration, addition or modification to any portion of Venetian Isles at Lake Coral Springs, including a Home, or material change in the appearance thereof, shall be made without the prior written approval thereof being first had and obtained from the ACC as required by this Declaration.
11.12. Signs. No sign (including brokerage or for sale/lease signs), flag, banner, sculpture, outdoor play equipment, solar equipment, artificial vegetation, sports equipment, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, painted or affixed in, or upon any portion of Venetian Isles at Lake Coral Springs or any part of a Home that is visible from the outside in accordance with the Master Covenants.
11.13. Roofs and Pressure Treatment. Roofs and/or exterior surfaces and/or pavement, including, but not limited to, walks and drives, shall be pressure treated within thirty (30) days of notice by the ACC.
11.15. Hurricane Shutters. Any hurricane or other protective devices visible from outside a Home shall be of a type as approved by the ACC. Accordion and roll-up style hurricane shutters may be left closed during hurricane season (and not at any other time). Panel style hurricane shutters may be installed up to fifty (50) hours prior to the expected arrival of a hurricane. Panel style hurricane shutters must be removed a reasonable time after a storm.
11.16. Wall Units. No window air conditioning unit may be installed in any window in a Home.
11.14 Paint. Homes shall be repainted within forty-five (45) days of notice by the ACC.
11.17. Window Treatments. Window treatments shall consist of drapery, blinds, decorative panels, or other tasteful window covering, and no newspaper, aluminum foil, sheets or other temporary window treatments are permitted, except for periods not exceeding one (1) week after an Owner or tenant first moves into a Home or when permanent window treatments are being cleaned or repaired.
Recorded 11/19/1998
11.18. Satellite Dishes and Antennae. No exterior visible antennae, radio masts, towers, poles, aerials, satellite dishes, or other similar equipment shall be placed on any Lot or other portion of Venetian Isles at Lake Coral Springs without the prior written approval thereof being first had and obtained from WCI and ACC as required by the Master Covenants and this Declaration. WCI and the ACC may require, among other things, that all such improvements be screened, and that bushes be placed around satellite dishes which are in-ground, so that they are not visible from adjacent Lots, or from the Common Areas. Satellite dishes may also be placed on the side wall of the Home with approval from the ACC. No Owner shall operate any equipment or device which will interfere with the radio or television reception of others. Only one (1) flagpole and one (1) satellite dish per Lot shall be permitted subject to approval by WCI and the ACC.
Amendment Recorded 09/12/2000
11.19. Pools. No above ground pools shall be permitted. Spas and Jacuzzis shall be permitted if located on patios in accordance with the Community Standards. All pools and appurtenances installed shall require the approval of the ACC as set forth in this Declaration. All pools and Jacuzzis shall be adequately maintained and chlorinated. Unless installed by Developer, no diving boards, slides, or platforms shall be permitted without ACC approval.
11.20. Visibility on Corners. Notwithstanding anything to the contrary in these restrictions, no obstruction to visibility at street intersections shall be permitted and such visibility clearances shall be maintained as required by the ACC and governmental agencies.
11.21. Holiday Lights and Other Lighting. Except for seasonal holiday lights, all exterior lighting shall require the approval of the ACC as set forth in this Declaration. The ACC may establish standards for holiday lights. The ACC may require the removal of any lighting that creates a nuisance (e.g., unacceptable spillover to adjacent Home).
11.22. Removal of Soil and Additional Landscaping. Without the prior consent of the ACC, no Owner shall remove soil from any portion of Venetian Isles at Lake Coral Springs, change the level of the land within any portion of Venetian Isles at Lake Coral Springs, or plant landscaping which results in any permanent change in the flow and drainage of surface water within Venetian Isles at Lake Coral Springs. Owners may place additional plants, shrubs, or trees within any portion of Venetian Isles at Lake Coral Springs with the prior approval of the ACC.
11.23. Casualty Destruction to Improvements. Subject to the Master Covenants and this Declaration, in the event that a Home or other improvement is damaged or destroyed by casualty loss or other loss, then within a reasonable period of time after such incident, the Owner thereof shall either commence to rebuild or repair the damaged Home or improvement and diligently continue such rebuilding or repairing until completion, or properly clear the damaged Home or improvement and restore or repair the Home as approved by WCI and the ACC. As to any such reconstruction of a destroyed Home or improvements, the same shall only be replaced as approved by WCI and the ACC.
11.24. Animals. No animals of any kind shall be raised, bred or kept within Venetian Isles at Lake Coral Springs for commercial purposes. Otherwise, Owners may keep domestic pets (e.g., cats and dogs) as permitted by Broward County ordinances and in accordance with the Rules and Regulations established by the Board from time to time. Notwithstanding the foregoing, pets may be kept harbored in a Home so long as such pets or animals do not constitute a nuisance. A determination by the Board that an animal or pet kept or harbored in a Home is a nuisance shall be conclusive and binding on all parties. No pet or animal shall be "tied out" on the exterior of the Home or in the Common Areas, or left unattended in a Yard or on a balcony, porch, or patio. No dog runs or enclosures shall be permitted on any Home. All pets shall be walked on a leash. No pet shall be permitted outside a Home except on a leash. When notice of removal of any pet is given by the Board, the pet shall be removed within forty-eight (48) hours of the giving of the notice. All pets shall defecate only in the "pet walking" areas within Venetian Isles at Lake Coral Springs designated for such purpose, if any, or on that Owner's Home. The person walking the pet or the Owner shall clean up all matter created by the pet. Each Owner shall be responsible for the activities of its pet. Notwithstanding anything to the contrary, seeing eye dogs shall not be governed by the restrictions contained in this Section.
11.25. Nuisances. No nuisance or any use or practice that is the source of unreasonable annoyance to others or which interferes with the peaceful possession and proper use of Venetian Isles at Lake Coral Springs is permitted. No firearms shall be discharged within Venetian Isles at Lake Coral Springs. Nothing shall be done or kept within the Common Areas, or any other portion of Venetian Isles at Lake Coral Springs, including a Home which will increase the rate of insurance to be paid by Association.
11.26. Minor's Use of Facilities. Parents shall be responsible for all actions of their minor children at all times in and about Venetian Isles at Lake Coral Springs. Developer and Association shall not be responsible for any use of the facilities by anyone, including minors.
11.27. Personal Property. All personal property of occupants shall be stored within the Homes. No personal property, except usual patio furniture, may be stored on, nor any use made of, the Common Areas, a Home, or any other portion of Venetian Isles at Lake Coral Springs, which is unsightly or which interferes with the comfort and convenience of others.
11.28. Storage. Pursuant to the Master Covenants, no tents and no accessory or temporary structures shall be permitted on a Lot. WCI and ACC may permit a temporary facility during construction if requested by an Owner. No enclosed storage area shall be permitted on a Lot. No enclosed storage area shall be constructed or erected which is separated from the main residential dwelling on the Lot.
11.29. Garbage Cans. Trash collection and disposal procedures established by Association shall be observed. No outside burning of trash or garbage is permitted. No garbage cans, supplies or other similar articles shall be maintained on any Home so as to be visible from outside the Home.
11.30. Laundry. Subject to the provisions of Section 163.04 of the Florida Statutes, to the extent applicable, no rugs, mops, clothesline, or laundry of any kind, or any other similar type article, shall be shaken, hung or exposed so as to be visible outside the Home.
11.31. Control of Contractors. Except for direct services which may be offered to Owners (and then only according to the Rules and Regulations relating thereto as adopted from time to time), no person other than an Association officer shall direct, supervise, or in any manner attempt to assert any control over any contractor of Association.
11.32. Servants. Servants and domestic help of any Owner may not gather or lounge in or about the Common Areas.
Recorded 11/19/1998
11.33. Parking. Owners' automobiles shall
be parked in the garage or driveway. All lawn maintenance vehicles shall park
on the driveway of the Home and not in the roadway or swale. No vehicle which
cannot operate on its own power shall remain on Venetian Isles at Lake Coral
Springs for more than twelve hours, except in the garage of a Home. No repair,
except emergency repair, of vehicles shall be made within Venetian Isles at
Lake Coral Springs, except in the garage of a Home. No commercial vehicle,
recreational vehicle, truck with a camper top, boat, trailer, boat trailer or
camper, may be kept within Venetian Isles at Lake Coral Springs except in the
garage of a Home. The term commercial vehicle shall not be deemed to include
recreational or utility vehicles (i.e. Broncos, Blazers, Explorers, etc.) up
to 21'5" in length or clean 'non- working' vehicles such as pick-up trucks,
vans, or cars if they are used by the Owner on a daily basis for normal transportation.
No commercial truck, commercial van or other commercial vehicle of any kind
shall be permitted to be parked on any Lot for a period of more than four (4)
hours unless such vehicle is necessary in the actual construction or repair
of a Home or for ground/landscape maintenance. No non-commercial trucks (i.e.,
clean non-working pickup trucks), or other vehicles, other than a noncommercial
four (4) wheel passenger automobile, minivan or sports utility vehicle not to
exceed 21'5" in length, shall be permitted to be parked overnight on any
Lot unless the same is fully enclosed inside a Home. No bus, boat, boat trailer
of any kind, camper, mobile home, motor home or disabled vehicle shall be permitted
to be parked or stored on any Lot unless kept fully enclosed inside a Home or
parked in an area designated by Developer for such purposes. No vehicle shall
be used under any circumstance as a domicile or residence, either permanent
or temporary, The preceding sentences shall not be deemed to prohibit any temporary
facility otherwise permitted pursuant to this Declaration. Under no circumstances
shall any vehicle (other than emergency vehicles) be parked in the streets within
Venetian Isles at Lake Coral Springs. Notwithstanding any other provision in
this Declaration to the contrary, the foregoing provisions shall not apply to
construction vehicles in connection with the construction, improvement, installation,
or repair by Developer of Homes, Common Areas, or any other Venetian Isles at
Lake Coral Springs facility.
Amendment Recorded 09/12/2000
11.34. Cooking. No cooking shall be permitted nor shall any goods or beverages be consumed on the Common Areas except in areas designated for those purposes by Association. Grills are permitted within the property line of a Home. The ACC shall have the right to prohibit or restrict the use of grills or barbeque facilities in the future throughout Venetian Isles at Lake Coral Springs as it may deem appropriate.
11.35. Substances. No inflammable, combustible or explosive fuel, fluid, chemical, hazardous waste, or substance shall be kept on any portion of Venetian Isles at Lake Coral Springs or within any Home, except those which are required for normal household use.
11.36. Extended Vacation and Absences. In the event a Home will be unoccupied for an extended period, the Home must be prepared prior to departure by: (i) notifying Association; (ii) removing all removable furniture, plants and other objects from outside the Home; and (iii) designating a responsible firm or individual to care for the Home, should the Home suffer damage or require attention, and providing a key to that firm or individual. The name of the designee shall be furnished to Association. Such firm or individual shall contact Association for permission to install or remove approved hurricane shutters or enclosures. Association shall have no responsibility of any nature relating to any unoccupied Home.
11.37. Commercial Activity. Except for normal construction activity, administrative offices of Developer or Builders, sale and re-sale of a Home, and sale and resale other property owned by Developer, no commercial or business activity shall be conducted in any Home within Venetian Isles at Lake Coral Springs. Notwithstanding the foregoing, and subject to applicable statutes and ordinances, an Owner may maintain a home business office within a Home for such Owner's personal use; provided, however, business invitees customers, and clients shall not be permitted to meet with Owners in Homes unless the Board provides otherwise in the Rules and Regulations. No Owner may actively engage in any solicitations for commercial purposes within Venetian Isles at Lake Coral Springs. No solicitors of a commercial nature shall be allowed within Venetian Isles at Lake Coral Springs, without the prior written consent of Association. No garage sales are permitted except as permitted by the Association. No day care center or facility may be operated out of a Home. Prior to the Community Completion Date, Association shall not permit any garage sales without the prior written consent of Developer.
11.38. Completion and Sale of Unit. No person or entity shall interfere with the completion and sale of Homes within Venetian Isles at Lake Coral Springs. WITHOUT LIMITING THE FOREGOING, EACH OWNER, BY ACCEPTANCE OF A DEED, AGREES THAT PICKETING AND POSTING OF NEGATIVE SIGNS IS STRICTLY PROHIBITED.
11.39. Artificial Vegetation. No artificial grass, plants or other artificial vegetation, or rocks or other landscape devices, shall be placed or maintained upon the exterior portion of any Lot, unless approved by the ACC.
11.40. Decorations. No decorative objects including, but not limited to, birdbaths, light fixtures, sculptures, weather vanes, or flagpoles shall be installed or placed within or upon any portion of the Venetian Isles at Lake Coral Springs without the prior written approval of the ACC.
Recorded 11/19/1998
11.41. Sports Equipment. No
recreational, playground or sports equipment shall be installed or placed
within or about any portion of the Venetian Isles at Lake Coral
Springs without prior written consent of the Association, which consent
may be withdrawn or the hours of play limited if the use of said equipment
constitutes an unreasonable nuisance, or the appearance of the equipment
becomes unsightly.
Amendment Recorded 09/12/2000
11.42. Walls and Fences. No walls or fences shall be erected or installed without prior written consent of WCI and the ACC. No chain link fencing of any kind shall be allowed.
12. Easement for Unintentional and Non-Negligent Encroachments. If any other building or improvement on a Home shall encroach upon another Home by reason of original construction by Developer, then an easement for such encroachment shall exist so long as the encroachment exists. It is contemplated that each Home shall contain an improvement with exterior walls, footings, and other protrusions which may pass over or underneath an adjacent Home. In addition, the footers and other supporting features for walls will protrude underneath adjacent Homes. A perpetual nonexclusive easement is herein granted to allow the footers for such walls and other protrusions and to permit any natural water run off from roof overhangs, eaves and other protrusions onto an adjacent Home.
13. Insurance. Association shall maintain, unless it is reasonably determined that such insurance is unavailable or cost prohibitive, the following insurance coverages:
13.1. Flood Insurance. If the Common Areas are located within an area which has special flood hazards and for which flood insurance has been made available under the National Flood Insurance Program (NFIP), coverage in appropriate amounts, available under NFIP for buildings and other insurable property within any portion of the Common Areas located within a designated flood hazard area.
13.2. Liability Insurance. Commercial general liability insurance coverage providing coverage and limits deemed appropriate such policies must provide that they may not be canceled or substantially modified by any party, without at least thirty (30) days' prior written notice to Developer (until the Community Completion Date) and Association.
13.3. Directors and Officers Liability Insurance. Each member of the Board shall be covered by directors and officers liability insurance in such amounts and with such provisions as approved by the Board.
13.4. Other Insurance. Such other insurance coverages as appropriate from time to time. All coverages obtained by Association shall cover all activities of Association and all properties maintained by Association, whether or not Association owns title thereto.
13.5. Homes.
13.5.1. Requirement to Maintain Insurance. Each Owner shall be required to obtain and maintain adequate insurance of his or her Home. Such insurance shall be sufficient for necessary repair or reconstruction work, and/or shall cover the costs to demolish a damaged Home, remove the debris, and to resold[Online Editor: Typo in the original? Maybe "resod"] and landscape land comprising the Home. Upon the request of Association, each Owner shall be required to supply the Board with evidence of insurance coverage on his Home which complies with the provisions of this Section. Without limiting any other provision of this Declaration or the powers of Association, Association shall specifically have the right to bring an action to require an Owner to comply with his or her obligations hereunder.
13.5.2. Required Repair. In the event that any Home is destroyed by fire or other casualty, the Owner of such Home shall do one of the following: the Owner shall commence reconstruction and/or repair of the Home ("Required Repair"), or Owner shall tear the Home down, remove all the debris, and resold [Online Editor: Typo in the original? Maybe "resod"] and landscape the property comprising the Home as required by the ACC ("Required Demolition"). If an Owner elects to perform the Required Repair, such work must be commenced within thirty (30) days of the Owner's receipt of the insurance proceeds respecting such Home. If an Owner elects to perform the Required Demolition, the Required Demolition must be completed within six (6) months from the date of the casualty. If an Owner elects to perform the Required Repair, such reconstruction and/or repair must be continued in a continuous, diligent, and timely manner. Association shall have the right to inspect the progress of all reconstruction and/or repair work. Without limiting any other provision of this Declaration or the powers of Association, Association shall have a right to bring an action against an Owner who fails to comply with the foregoing requirements. By way of example, Association may bring an action against an Owner who fails to either perform the Required Repair or Required Demolition on his or her Home within the time periods and in the manner provided herein. Each Owner acknowledges that the issuance of a building permit or a demolition permit in no way shall be deemed to satisfy the requirements set forth herein, which are independent of, and in addition to, any requirements for completion of work or progress requirements set forth in applicable statutes, zoning codes, and/or building codes.
13.5.3. Standard of Work. The standard for all demolition, reconstruction, and other work performed as required by this Section 13.5.3 shall be in accordance with the Community Standards and any other standards established by Association with respect to any casualty that affects all or a portion of Venetian Isles at Lake Coral Springs.
13.5.4. Additional Rights of Association. If an Owner refuses or fails, for any reason, to perform the Required Repair or Required Demolition as herein provided, then Association, in its sole and absolute discretion, by and through its Board is hereby irrevocably authorized by such Owner to perform the Required Repair or Required Demolition. All Required Repair performed by Association pursuant to this Section shall be in conformance with the original plans and specifications for the Home. Association shall have the absolute right to perform the Required Demolition to a Home pursuant to this Section if any contractor certifies in writing to Association that such Home cannot be rebuilt or repaired. The Board may levy an Individual Assessment against the Owner in whatever amount sufficient to adequately pay for Required Repair or Required Demolition performed by Association.
13.5.5. Association Has No Liability. Notwithstanding anything to the contrary this Section, Association, its Directors and Officers, shall not be liable to any person should it fail for any reason whatsoever to obtain insurance coverage on a Home.
13.6. Fidelity Bonds. If available, a blanket fidelity bond for all officers, directors, trustees and employees of Association, and all other persons handling or responsible for funds of, or administered by, Association. In the event Association delegates some or all of the responsibility for the handling of the funds to a professional management company or licensed manager, such bonds shall be required for its officers, employees and agents, handling or responsible for funds of, or administered on behalf of Association. The amount of the fidelity bond shall be based upon reasonable business judgment. The fidelity bonds required herein must meet the following requirements (to the extent available at a reasonable premium):
13.6.1. The bonds shall name Association as an obligee.
13.6.2. The bonds shall contain waivers, by the issuers of the bonds, of all defenses based upon the exclusion of persons serving without compensation from the definition of "employee" or similar terms or expressions.
13.6.3. The premiums on the bonds (except for premiums on fidelity bonds maintained by a professional management company, or its officers, employees and agents), shall be paid by Association.
13.6.4. The bonds shall provide that they may not be canceled or substantially modified (including cancellation for non-payment of premium) without at least thirty (30) days' prior written notice to Developer (until the Community Completion Date) and Association.
13.7. Association as Agent. Association is irrevocably appointed agent for each Owner of any interest relating to the Common Areas to adjust all claims arising under insurance policies purchased by Association and to execute and deliver releases upon the payment of claims.
13.8. Casualty to Common Areas. In the event of damage to the Common Areas, or any portion thereof, Association shall be responsible for reconstruction after casualty. In the event of damage to a Home, or any portion thereof, the Owner shall be responsible for reconstruction after casualty.
13.9. Nature of Reconstruction. Any reconstruction of improvements hereunder shall be substantially in accordance with the plans and specifications of the original improvement, or as the improvement was last constructed, subject to modification to conform with the then current governmental regulation(s).
13.10. Additional Insured. Developer and its Lender(s) shall be named as additional insured on all policies obtained by Association, as their interests may appear.
13.11. Cost of Payment of Premiums. The costs of all insurance maintained by Association hereunder, and any other fees or expenses incurred which may be necessary or incidental to carry out the provisions hereof are Operating Costs.
14. Property Rights.
14.1. Owners' Easement of Enjoyment. Every Owner, and its immediate family, tenants, guests and invitees, and every owner of an interest in Venetian Isles at Lake Coral Springs shall have a non-exclusive right and easement of enjoyment in and to those portions of the Common Areas which it is entitled to use for their intended purpose, subject to the following provisions:
14.1.1. Easements, restrictions, reservations, conditions, irritations and declarations of record, now or hereafter existing, and the provisions of this Declaration, as amended.
14.1.2. The right of Association to suspend an Owner's rights hereunder or to impose fines in accordance with Section 617.305 of the Florida Statutes, as amended from time to time.
14.1.3. The right of Developer and/or Association to dedicate or transfer all or any part of the Common Areas. No such dedication or transfer shall be effective prior to the Community Completion Date without prior written consent of Developer.
14.1.4. The right of Developer and/or Association to modify the Common Areas as set forth in this Declaration.
14.1.5. The rights of Developer and/or Association regarding Venetian Isles at Lake Coral Springs as reserved in this Declaration, including the right to utilize the same and to grant use rights, etc. to others.
14.1.6. Rules and Regulations adopted governing use and enjoyment of the Common Areas.
14.1.7. An Owner relinquishes use of the Common Areas at any time that a Home is leased to a Tenant.
14.2. Ingress and Egress. An easement for ingress and egress is hereby created for pedestrian traffic over, and through and declaration across sidewalks paths, walks, driveways, passageways, and lanes as the same, from time to time, may exist upon, or be designed as part of, the Common Areas, and for vehicular traffic over, through and across such portions of the Common Areas as, from time to time, may be paved and intended for such purposes. This easement shall run in favor of Developer, Builders, and their invitees and agents.
14.3. Development Easement. In addition to the rights reserved elsewhere herein, Developer reserves an easement for Builders (as provided in any written assignment from Developer), itself or its nominees over, upon, across, and under Venetian Isles at Lake Coral Springs as may be required in connection with the development of Venetian Isles at Lake Coral Springs, and other lands designated by Developer and to promote or otherwise facilitate the development, construction and sale and/or leasing of Homes, any portion of Venetian Isles at Lake Coral Springs, and other lands designated by Developer. Without limiting the foregoing, Developer specifically reserves the right to use all paved roads and rights of way within Venetian Isles at Lake Coral Springs for vehicular and pedestrian ingress and egress to and from construction sites and for the construction and maintenance of any Telecommunication System provided by Developer. Specifically, each Owner acknowledges that construction vehicles and trucks may use portions of the Common Areas. Developer shall have no liability or obligation to repave, restore, or repair any portion of the Common Areas as a result of the use of the same by construction traffic, and all maintenance and repair of such Common Areas shall be deemed ordinary maintenance of the Association payable by all Owners as part of Operating Costs. Without limiting the foregoing, at no time shall Developer or any Builder be obligated to pay any amount to Association on account of Developer's use of the Common Areas for construction purposes. Developer intends to use the Common Areas for sales of new and used Homes. Further, Developer may market other residences and commercial properties located outside of Venetian Isles at Lake Coral Springs from Developer's sales facilities located within Venetian Isles at Lake Coral Springs. Developer has the right to use all portions of the Common Areas in connection with its marketing activities, including, without limitation, allowing members of the general public to inspect model Homes, installing signs and displays, holding promotional parties and picnics, and using the Common Areas for every other type of promotional or sales activity that may be employed in the marketing of new and used residential Homes or the leasing of residential apartments. The easements created by this Section, and the rights reserved herein in favor of Developer, shall be construed as broadly as possible and supplement the rights of Developer set forth in Section 20 of this Declaration. At no time shall Developer incur any expense whatsoever in connection with its use and enjoyment of such rights and easements. Without limiting any other provision of this Declaration, Developer may non-exclusively assign its rights hereunder to each Builder.
14.4. Public Easements. Fire, police, school transportation, health, sanitation and other public service and utility company personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Areas. In addition, Telecommunications Providers shall also have the right to use paved roadways for ingress and egress to and from Telecommunications Systems within Venetian Isles at Lake Coral Springs.
14.5. Delegation of Use. Every Owner shall be deemed to have delegated its right of enjoyment to the Common Areas to occupants or lessees of that Owner's Home subject to the provisions of this Declaration and the Rules and Regulations, as may be promulgated, from time to time. Any such delegation or lease shall not relieve any Owner from its responsibilities and obligations provided herein.
14.6. Easement for Encroachment. In the event that any improvement upon Common Areas, as originally constructed, shall encroach upon any other property or improvements thereon, or for any reason, then an easement appurtenant tithe encroachment shall exist for so long as the encroachment shall naturally exist.
14.7. Permits, Licenses and Easements. Prior to the Community Completion Date, Developer, and thereafter Association, shall, in addition to the specific rights reserved to Developer herein, have the right to grant, modify, amend and terminate permits, licenses and easements over, upon, across, under and through Venetian Isles at Lake Coral Springs (including Homes) for Telecommunication Systems, utilities, roads and other purposes reasonably necessary or useful as it determines, in its sole discretion. To the extent legally required, each Owner shall be deemed to have granted to Developer and, thereafter, Association an irrevocable power of attorney, coupled with an interest, for the purposes herein expressed.
14.8. Support Easement and Maintenance Easement. An easement is hereby created for the existence and maintenance of supporting structures (and the replacement thereof) in favor of the entity required to maintain the same. An easement is hereby created for maintenance purposes (including access to perform such maintenance) over and across Venetian Isles at Lake Coral Springs (including Homes) for the reasonable and necessary maintenance of Common Areas, utilities, cables, wires and other similar facilities.
14.9. Drainage. A non-exclusive easement shall exist in favor of Developer, Association, and their designees, and any applicable water management district, state agency, and/or federal agency having jurisdiction over Venetian Isles at Lake Coral Springs over, across and upon Venetian Isles at Lake Coral Springs for drainage, irrigation and water management purposes. An easement or ingress, egress and access shall exist for such parties to enter upon and over any portion of Venetian Isles at Like Coral Springs (including Homes) in order to construct, maintain, inspect, record data on, monitor, test, or repair, as necessary, any water management areas, irrigation systems and facilities thereon and appurtenances thereto. No structure, landscaping, or other material shall be placed or be permitted to remain which may damage or interfere with the drainage or irrigation of Venetian Isles at Lake Coral Springs and/or installation or maintenance of utilities or which may obstruct or retard these flow of water through Venetian Isles at Lake Coral Springs and/or water management areas and facilities or otherwise interfere with any drainage, irrigation and/or easement provided for in this Section or the use rights set forth elsewhere in this Declaration.
14.10. Duration. All easements created herein or pursuant to the provisions hereof shall be perpetual unless stated to the contrary.
15. Assessments.
15.1. Types of Assessments. Each Owner and Builder, by acceptance of a deed or instrument of conveyance for the acquisition of title in any manner (whether or not so expressed in the deed), including any purchaser at a judicial sale, shall hereafter be deemed to have covenanted and agreed to pay to Association at the time and in the manner required by the Board, assessments or charges and any special assessments as are fixed, established and collected from time to time by Association (collectively, the "Assessments"). All Owners shall pay Assessments. Each Builder shall pay such portion of Operating Costs which benefits any Lot owned by such Builder, as determined by Developer, in Developer's sole discretion. By way of example, and not of limitation, Developer may require that each Builder pay some portion of Assessments on a Lot owned by a Builder which does not contain a Home. As vacant Lots owned by Builders may not receive certain services (e.g., Telecommunication Services), Builders shall not be required to pay for the same.
15.2. Purpose of Assessments. The Assessments levied by Association shall be used for, among other things, the purpose of promoting the recreation, health, safety and welfare of the residents of Venetian Isles at Lake Coral Springs, and in particular for the improvement and maintenance of the Common Areas and any easement in favor of the Association, including but not limited to the following categories of Assessments as and when levied and deemed payable by the Board:
15.2.1. Any monthly assessment or charge for the purpose of operating the Association and accomplishing any and all of its purposes, as determined in accordance herewith, including, without limitation, payment of Operating Costs and collection of amounts necessary to pay any deficits from prior years' operation (hereinafter "Monthly Assessments");
15.2.2. Any special assessments for capital improvements, major repairs, emergencies, the repair or replacement of the Common Areas or portions of the Surface Water Management System within the Common Areas, or nonrecurring expenses (hereinafter "Special Assessments");
15.2.3. Any specific fees, dues or charges to be paid by Owners for any special services provided to or for the benefit of an Owner or Home, for any special or personal use of the Common Areas, or to reimburse Association for the expenses incurred in connection with that service or use (hereinafter "Use Fees"); and
15.2.4. Assessments of any kind for the creation of reasonable reserves for any of the aforesaid purposes. At such time as there are improvements in any Common Areas for which Association has a responsibility to maintain, repair, and replace, the Board may, but shall have no obligation to, include a "Reserve for Replacement" in the Monthly Assessments in order to establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements comprising a portion of the Common Areas (hereinafter "Reserves"). Assessments pursuant to this Section shall be payable in such manner and at such times as determined by Association, and may be payable in installments extending beyond the fiscal year in which the Reserves are disapproved. Until the Community Completion Date, Reserves shall be subject to the prior written approval of Developer, which may be withheld for any reason.
15.2.5. Assessments for which one or more Owners (but less than all Owners) within Venetian Isles at Lake Coral Springs is subject ("Individual Assessments") such as costs of special services provided to a Home or Owner or cost relating to enforcement of the provisions of this Declaration or the architectural provisions hereof as it relates to a particular Owner or Home. By way of example, and not of limitation, in the event an Owner fails to maintain the exterior of his Home (other than those portions of a Home maintained by Association) in a manner satisfactory to Association, Association shall have the right, through its agents and employees, to enter upon the Home and to repair, restore, and maintain the Home as required by this Declaration. The cost thereof, plus the reasonable administrative expenses of Association, shall be an Individual Assessment. The lien for an Individual Assessment may be foreclosed in the same manner as any other Assessment.
15.3. Master Association. Any and all assessments due to the Master Association shall be paid by Owners to Association in accordance with the Master Covenants and Neighborhood Covenants.
15.4. Designation. The designation of Assessment type shall be made by Association. Prior to the Community Completion Date, any such designation must be approved by Developer. Such designation may be made on the budget prepared by Association. The designation shall be binding upon all Owners.
15.5. Allocation of Operating Costs.
15.5.1. For the period until the adoption of the first annual budget, the allocation of Operating Costs shall be as set forth in the initial budget prepared by Developer.
15.5.2. Commencing on the first day of the period covered by the annual budget, and until the adoption of the next annual budget, the Monthly Assessments shall be allocated so that each Home shall be assessed a pro rata portion of Monthly Assessments, Special Assessments, and Reserves based upon a fraction, the numerator of which is one (1) and the denominator of which is the total number of Homes in Venetian Isles at Lake Coral Springs conveyed to Owners or any greater number determined by Developer from time to time. Developer, in its sole and absolute discretion, may change such denominator from time to time. Under no circumstances will the denominator be less than the number of Homes owned by Owners other than Developer.
15.5.3. In the event the Operating Costs as estimated in the budget for a particular fiscal year are, after the actual Operating Costs for that period is known, less than the actual costs, then the difference shall, at the election of Association: (i) be added to the calculation of Monthly Assessments, as applicable, for the next ensuing fiscal year; or (ii) be immediately collected from the Owners as a Special Assessment. Association shall have the unequivocal right to specially assess Owners retroactively on January 1st of any year for any shortfall in Monthly Assessments, which Special Assessment shall relate back to the date that the Monthly Assessments could have been made. No vote of the Owners shall be required for such Special Assessment (or for any other Assessment except to the extent specifically provided herein).
15.5.4. Each Owner agrees that so long as it does not pay more than the required amount it shall have no grounds upon which to object to either the method of payment or non-payment by other Owners of any sums due.
15.6. General Assessments Allocation. Except as hereinafter specified to the contrary, Monthly Assessments, Special Assessments and Reserves shall be allocated equally to each Owner.
15.7. Use Fees and Individual Assessments. Except as hereinafter specified to the contrary, Use Fees and Individual Assessments shall be made against the Owners benefiting from, or subject to the special service or cost as specified by Association.
15.8. Commencement of First Assessment. Assessments shall commence as to each Owner on the day of the conveyance of title of a Home to an Owner. The applicable portion of Assessments shall commence as to each Builder on the day of the conveyance of title of a Lot to such Builder.
15.9. Monthly Assessments. Prior to the Turnover Date, if Assessments are inadequate to pay Operating Costs in full, Developer shall have the option to fund any such shortfall in the Assessments or to pay Monthly Assessments on Homes owned by Developer. If Developer does not pay Monthly Assessments on Homes owned by Developer, Developer shall be obligated to pay Operating Costs incurred that exceed the Assessments including, without limitation, Monthly Assessments receivable from Owners and other income of Association. Under no circumstances shall Developer ever be obligated to fund any portion of Reserves. After the Turnover Date, Developer shall pay all Monthly Assessments on Homes owned by Developer.
15.10. Surplus Assessments. Any surplus Assessments collected by Association may be allocated towards the next year's Operating Costs or, in Association's sole and absolute discretion, to the creation of Reserves, whether or not budgeted. Under no circumstances shall Association be required to pay surplus Assessments to Owners.
15.11. Budget. The initial budget prepared by Developer is adopted as the budget for the period of operation until adoption of the first annual Association budget. Thereafter, the annual budget respecting Operating Costs shall be prepared and adopted by the Board. THE INITIAL BUDGET OF ASSOCIATION IS PROJECTED (NOT BASED ON HISTORICAL OPERATING FIGURES). THEREFORE, IT IS POSSIBLE THAT ACTUAL ASSESSMENTS MAY BE LESSER OR GREATER THAN PROJECTED. ALL BUDGETS ARE PROJECTED UNTIL THE COMMON AREAS ARE COMPLETED.
15.12. Establishment of Assessment . Assessments shall be established in accordance with the following procedures:
15.12.1. Monthly Assessments shall be established by the adoption of a twelve (12) month operating budget by the Board. The budget shall be in the form required by Section 617.303(6) of the Florida Statutes, as amended from time to time. Written notice of the amount and date of commencement thereof shall be given to each Owner and Owner not less than ten (10) days in advance of the due date of the first installment thereof. Notwithstanding the foregoing, the budget may cover a period of less than twelve (12) months if the first budget are adopted mid-year or in order to change the fiscal year of the Association.
15.12.2. Special Assessments and Individual Assessments against the Owners may be established by Association, from time to time, and shall be payable at such time or time(s