Riverwatch Logo - Tarpon Springs Florida 159 Premier Homes

Tarpon Springs RiverWatch

(A Deed Restricted Community)

Are you on facebook? Like Tarpon Springs River Watch & be notified of updates.
E-Mail Evelyn @  *  SUBJECT: RIVERWATCH - Subject of the e-mail you are sending.

 

Declaration of Covenants, Conditions, and Restrictions of RiverWatch

ARTICLE I - DEFINITIONS 

ARTICLE II - PROPERTY RIGHTS AND COMMON AREA

ARTICLE III - GENERAL USE RESTRICTIONS

ARTICLE IV - OPERATION, MAINTENANCE AND MONITORING OF DRAINAGE FACILITIES

ARTICLE V - THE ASSOCIATION

ARTICLE VI - ASSESSMENTS

ARTICLE VII - ARCHITECTURAL CONTROL

ARTICLE VIII - GENERAL PROVISIONS



DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF RIVER WATCH

THIS DECLARATION, is made this 5th day of May, 1995, by WALTSONS, INC., (hereinafter referred to as "Developer"), whose address is 4320 West Kennedy Boulevard, Tampa, Florida 33609.

W I T N E S S E T H:

WHEREAS, the Developer, is the owner of certain property in Pinellas County, Florida, ("Property"), more particularly described as follows:

RIVER WATCH SUBDIVISION, as recorded in Plat Book 112, Pages 79-85 of the public records of
Pinellas County, Florida.  WHEREAS, Developer is developing the Property into a residential community of single family homes; and

WHEREAS, Developer intends and desires to develop the property in phases and Developer reserves the right to add additional property.

WHEREAS, Developer, intends and desires to impose certain covenants, restrictions, easements, conditions, and liens upon the Property and the use thereof, as part of a common plan of development upon the Property, and to protect its value and desirability;

NOW THEREFORE, the Developer, hereby declares that the real property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, said real property and be binding on all parties having any right title or interest therein or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I - DEFINITIONS - Back to top

Unless the context expressly requires otherwise, the following terms mean as follows wherever used in this Declaration, the Association's Articles of Incorporation ("Articles"), or the Association's By-Laws ("By-Laws").

Section 1. "Architectural Committee" shall mean the Architectural Committee, provided in Article VII hereof.

Section 2. "Articles" means the Articles of Incorporation of the Association, as may be amended from time to time.

Section 3. "Assessment" means the amount of money assessed against an Owner for the payment of the Owner's share of common fees, expenses and any other funds which an Owner may be required to pay to the Association as set out by this Declaration, the Articles or the By-Laws.

Section 4. "Association" means RIVER WATCH HOMEOWNER'S ASSOCIATION, INC., a corporation not for profit organized or to be organized pursuant to Chapter 617, Florida Statutes, its successors and assigns.

Section 5. "Board" means the Association's Board of Directors.

Section 6. "Common Area" means all property whether improved or unimproved, or any interest therein, which from time to time is owned by the Association for the common use and enjoyment of all Owners, including private roadways shown on the plat and used for ingress and egress to and from individual Lots.

Section 7. "Declaration" shall mean and refer to this Declaration, together with any and all supplements or amendments hereto, if any.

Section 8. "Developer" means Waltsons, Inc., and its successors and assigns are designated in writing by the Developer as the successors and assigns of Developer's rights hereunder.

Section 9. "Dwelling" shall mean the residential dwelling constructed upon a Lot.

Section 10. "Lake Lot" means any Lot adjoining or containing real property which is part of a lake.

Section 11. "River Lot" means any lot adjoining or adjacent to or containing property which is part of the Anclote River.

Section 12. "Lot" means any platted parcel of land shown on the recorded subdivision map or plat of the Property, as recorded in the Public Records of Pinellas County, Florida, with the exception of the Common Area and portions, if any, of marked acreage.

Section 13. "Maintenance" means the exercise of reasonable care to keep buildings, homes, roads, landscaping, lighting, stormwater utility systems and other related improvements and fixtures in a condition comparable to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of generally accepted garden-management practices necessary to promote a healthy weed-free environment for optimum plant growth, and which will, as a minimum, include the mowing of all grass on a Lot and maintain all and landscaped area weed free. Maintenance shall include the establishment of reserves for replacement of capital elements of structures and other improvements.

Section 14. "Member" means every person or entity who holds membership in the Association.

Section 15. "Mortgage" means any mortgage, deed of trust, or other instrument transferring any interest in a Lot as security for the performance of an obligation. "First Mortgage" means any mortgage constituting a valid lien prior in dignity to all other mortgages encumbering the same property.

Section 16. "Mortgagee" means any person named as the obligee under any Mortgage, or the successor in interest to such person.

Section 17. "Occupant" means the person or persons, other than the Owner in possession of a Lot, and may, where the context so requires, include the Owner.

Section 18. "Owner" means the record owner, whether one or more persons, of the fee simple title to any Lot, including contract sellers, but excluding any other person holding such fee simple title only as security for the performance of an obligation. As the context may admit, Owner includes all persons (i) claiming any right, title or interest in a Lot by, through, or under any Owner, or (ii) lawfully upon the Properties with the consent of any Owner, express or implied, such as an Occupant.

Section 19. "Plat" means the final official plat as recorded and shall include the subdivided real property therein described and such additions thereto as may be brought within the jurisdiction of the Association as hereinafter provided.

Section 20. "Property" means the lands described as RIVER WATCH herein, including Lots and Common Areas.

Section 21. "Recorded" means filed for record in Pinellas County, Florida.

Section 22. "Structure" shall mean any thing or object, the placement of which upon any Lot may affect the appearance of such lot, including by way of illustration and not limitation, any building or part thereof, garage, porch, shed, greenhouse, bathhouse, coop or cage, covered or uncovered patio, swimming pool, fence, curbing, paving, wall, sign, signboard, temporary or permanent living quarters (including any house trailer), temporary or permanent improvement, excavation, grading, fill, ditch, diversion, dam, other thing or device which affects the flow of waters, utility shed, detached shed or other activity.

Section 23. "Drainage Easement Maintenance Area" shall mean that portion of a Lot designated on the plat as a drainage easement for storm water retention and that portion of any drainage easement that is not part of a platted lot.

Section 24. "Right of Way Maintenance Area" shall mean that portion of any road right of way that is not adjacent to a platted lot.

ARTICLE II - PROPERTY RIGHTS AND COMMON AREA - Back to top

Section 1. "Easements and Enjoyment". Each Owner has a non-exclusive right and easement of enjoyment in and to the Common Area that is appurtenant to, and will pass with, the title to every Lot, subject to the following.

(a) Fees. The Association's right to charge reasonable fees for the use, safety and maintenance of any common facilities from time to time situated on the Common Area, Right of Way Maintenance Area, or Drainage Easement Maintenance Area.

(b) Suspension. The Association's right: (i) to suspend the voting right of any Owner for any period in which any assessment against such Owner's Lot remains unpaid; (ii) to suspend such Owner's right to use any facility owned or controlled by the Association for the same period of unpaid assessments; and (iii) to suspend any Owner's right to use any such facility for any infraction of the Association's valid rules and regulations for a period not to exceed 60 days.

(c) Dedication. The Association's right to dedicate, transfer or mortgage all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as the Association considers advisable. Any such dedication or transfer requires the approval of seventy-five percent (75%) of the members. If ingress or egress to any residence is through the common area, any conveyance or encumbrance of such area shall be subject to the Lot Owner's easement.

(d) Delegation of Use. Subject to such limitations as may be imposed by the By-Laws or reasonable rules and regulations adopted by the Association, each Owner may delegate his right of enjoyment in and to the Common Area and accompanying facilities, if any, to members o f his family, his guests, tenants and invitees.

(e) Rules and Regulations. The Association's right to adopt, alter, amend, rescind, and enforce reasonable rules and regulations governing the use of the Common Area.

Section 2. Permanence. The benefit of all rights and easements granted by the Declaration constitutes a permanent appurtenance to, and will pass with, the title to every Lot enjoying such benefit. Whenever any such right or easement is described as non-exclusive, its benefit, nevertheless, is exclusive to all Lots granted such benefit by this Declaration unless this Declaration expressly grants such benefit to additional persons. In no event does the benefit of any such easement extend to the general public except as provided in the next Section. The burden of all rights and easements granted by this Declaration constitutes a permanent servitude upon the lands affected for at least 25 years with automatic renewal periods thereafter.

Section 3. Public Easements. Developer dedicates that portion of the Properties described on the recorded plat and made part hereof for the use and maintenance of public utility and drainage easements, together with a right of ingress and egress over and across the easement area for such purposes. Developer dedicates the Common Area for use by all utilities for construction and maintenance of their respective facilities serving the Properties;and Developer grants to such utilities jointly and severally, easements for such purposes. Easements for drainage and/or for installation and maintenance utilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or drainage structures or which may impede the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the Lot, except for those improvements for which a public authority or utilities company is responsible or which are common areas or drainage easement maintenance areas or right of way maintenance area.

Section 4. No Partition. There shall be no judicial partition of the Common Area, nor shall Developer, or any Owner, or any person acquiring any interest in the Properties or any part thereof, seek judicial partition thereof, However, nothing contained herein shall be construed to prevent judicial partition of any Lot owned in co-tenancy.

Section 5. General Restrictions. Except with the Association's prior written consent or in accordance with the Association's rules and regulations:

(a) Obstructions. There will be no obstruction of the Common Area, nor will anything be kept or stored on the Common Area except items installed by Developer as part of the Work, and their replacement.

(b) Alterations. Nothing will be altered on, constructed upon, or removed from the Common Area except with the specific approval of the Association's Board of Directors.

(c) Activities. All uses and activities upon or about the Common Area are subject to the Association's rules and regulations.

Section 6. Any walls and attendant landscaping constructed by the Developer as part of the subdivision improvements or otherwise, shall be kept and maintained by the Association in condition and appearance as constructed by the Developer.

Section 7. Private Streets, Parking Areas and Drainage Improvements. Any private streets that may be constructed or created by the Developer as part of the subdivision improvements or otherwise, shall be maintained by the Association in the same condition and appearance as construed or created. The Association shall establish reserves for the replacement of paving and other capital elements or improvements. The association shall maintain that portion of the storm water collection system, which includes the stormwater retention ponds, outfall structures, littoral zones and underdrains in the same condition as when constructed.

Section 8. Purposely Deleted.

Section 9. Access Easement. Developer hereby grants to each Owner, their guests, invitees, residents, and visitors, and emergency personnel and agencies, utilities providers, guests and invitees of the Association, representatives of any Master Association, and reserves to itself, its employees, agents, contractors, and invitees, a perpetual and non-exclusive easement over the Common Areas constructed as streets and roadways, for the purpose of ingress and egress to any area of the Property.

Section 10. Conservation Easement. The association shall assume maintenance responsibility for the Conservation Easement as shown on the plat of the subdivision, and as outlined in the subdivision site plan approval comments.

Section 11. Lawn Maintenance. The Association shall maintain all common areas and drainage easement maintenance area. The Association shall not maintain that portion of the Lake Lot adjacent to a drainage easement area from the property line to the waters edge. Developer hereby grants to the Association, its employees, officers, contractors and agents an easement over all the Property for the purpose of access and the performance of such lawn maintenance, including mowing, weeding, application of fertilizer and other chemical treatment, and access. The cost of such service shall be included in the assessment provided for hereunder.

ARTICLE III - GENERAL USE RESTRICTIONS - Back to top

Section 1. Use of Lots. Each Lot may be improved and used for residential purposes only and only single family detached homes, approved in accordance with Article VII may be constructed thereon. No trade, business, or profession of any kind, or any activity other than that of single family residence may be conducted on any Lot and no billboards or advertising signs shall be erected or displayed thereon, except for the business of the Developer and its transferees in developing the Properties and advertising signs in furtherance thereof. No building or other improvements on a Lot shall be rented or leased separately from the rental or lease of the entire Lot, and no part of any dwelling may be used for the purpose of renting rooms or for transient accommodations. No duplex, garage apartment, or apartment house shall be erected, converted, or allowed to remain on any Lot. Any home on a lot that is leased shall be leased for a minimum term of twelve (12) months.

Section 2. View Obstructions. The Association or the Developer shall have the right, but not the obligation, to remove, relocate, or require the removal or relocation of any fence, wall, berm, hedge, shrub, tree or other thing, natural or artificial, placed or located on any Lot if the location of the same will, in the sole and exclusive judgment of the Association obstruct the vision of a motorist upon any road within the Subdivision.

Section 3. Dwellings. Only one dwelling may be constructed on any Lot. The minimum square footage of each dwelling shall be 1500 square feet of air conditioned living space for a one story dwelling and 1800 square feet of air conditioned living space for a dwelling of more than one story, with each dwelling containing a garage which has a capacity of at least 2 automobiles. of similar architectural style as the main dwelling otherwise approved by Developer.

Section 4. Screening. Except for regular collection and disposal, no receptacles for rubbish, trash, garbage or other waste material or accumulations, or mechanical or other equipment, may be kept, stored, erected or permitted anywhere within the Properties, except inside the improvements on each Lot, or completely concealed from view by a fence, wall, or landscaping.

Section 5. No structure, trailer, manufactured home, manufactured building, mobile home, tent, shack, garage, barn or other outbuilding or any portion of the same, or any structure of any kind which extends more than three feet above the surface of the ground and which is detached from the dwelling, shall be constructed or parked on any Lot at any time. A temporary construction trailer, security trailer, temporary structure or temporary toilet is permitted during construction of a dwelling.

Section 6. Building Restriction Lines. Any dwelling placed on a Lot shall be in accordance with the front yard, side yard and rear yard setback requirements set forth in the Tarpon Springs Zoning Regulations. No variances will be permitted without the written permission of the Architectural Committee, in addition to any City of Tarpon Springs zoning regulation requirements.

Section 7. Vehicular Parking. No motorized or unmotorized wheeled vehicles, trucks, trailers, boats or recreational vehicles of any kind may be kept or parked on any Lot, unless completely inside a garage attached to the main residence and screened from view from outside the Lot, except that private automobiles of the occupants, bearing no commercial signs, may be parked in the driveway or parking area, on the Lot. Private automobiles of guests of the occupants may also be parked in such driveway or parking area. Further, other vehicles may be parked in such driveway or parking area during such times necessary for service or maintenance of the dwelling or Lot or pick up and delivery service, provided that permission for such parking is granted by the Lot owner solely for the purpose of such service. No inoperative vehicles shall be parked, repaired or maintained anywhere on the Property. No parking is permitted on the common areas, including streets, except in areas specifically designated by the Association's Board of Directors for parking. No vehicles bearing commercial signs or intended for commercial use may be parked in the driveway or parking areas on the lot or on the roadways within the Property,

Section 8. Lot Plates A plate showing the street number of the Lot shall be placed on each improved Lot, and, at the option of the Owner, a nameplate showing the name of the Owner may also be placed on such improved Lot. The size, location, design, style and type of material for each plate shall first be subject to approval by the Architectural Committee.

Section 9. Window Air Conditioners and Fans, Solar Devices. Unless the prior written approval of the Architectural Committee has been obtained, no window air conditioning units, window fans, exhaust fans, or solar heating devices shall be installed in any side or roof of a dwelling which faces a street, Common Area, or adjacent lot.

Section 10. Construction. Within eight months after the date of recording the deed from Developer or its assigns, the Owner of any Lot sold without a dwelling shall commence actual construction of a residence thereon, with said residence to be designed and constructed in accordance with the declaration.

When the construction of any building is once begun, work thereon shall be prosecuted diligently and continuously until the full completion thereof. The main residence and all related structures shown on the plans and specifications approved by the Architectural Committee must be completed in accordance with such plans and specifications within nine (9) months after the start of the first construction upon each Lot unless such completion is rendered impossible as a direct result of strikes, fires, national emergencies, or natural calamities. Prior to completion of construction, the Owner shall install at his expense a suitable concrete paved driveway from the paved portion of the abutting street to the garage. During construction on any Lot, all vehicles involved in such construction, including those delivering materials and supplies, shall enter upon such Lot from the street only, and such vehicles shall not be parked at any time on the street or upon any place in the Property other than the Lot on which the construction is proceeding. Developer or its assigns shall have the right to allow vehicles to park on the street or other Lots during construction.

Section 11. Prohibitions Prior to Construction. No picnic areas and no detached outbuildings or structures of any kind shall be erected or permitted to remain on any Lot prior to the start of construction of a permanent residence thereon. This includes storage of construction materials and debris.

Section 12. No trailer, basement, garage, or any outbuildings of any kind shall at any time be used as a residence, either temporarily or permanently.

Section 13. Signs. No signs of any type shall be erected on any Lot or displayed to the public on any Lot except a professional or real estate sign as described below. A professional sign shall contain only the name, address, phone number and occupation of a resident of the Lot, and shall be no more than one square foot in size. A real estate sign shall contain only the notation "for sale", "for rent", or "for lease", the telephone number, and the name of the agent and/or real estate broker or "by owner", as applicable, and shall not be more than four square feet in area. No other signs may be erected or maintained on any Lot and no sign may be erected or maintained on any Lot which contains any language, drawing or any material other than the words noted above. This restriction shall not apply to signs used by the Developer at the entrance of the subdivision to identify and advertise the subdivision as a whole, nor to signs to advertise Lots and/or houses by Developer or other licensed builders engaged in the business of construction and sale of houses, during the construction and development period and provided such signs are approved by the Architectural Committee. All signs permitted by this subsection are subject to the Association's rules and regulations and the approval of the Architectural Committee, provided however that these restrictions shall not apply to signs used by developer or his assigns to advertise the property during the promotion and construction of dwellings and sale of Lots. Developer or the Association may enter upon any Lot and summarily remove and destroy any signs which do not meet the provisions of this section, and are hereby granted an easement for this purpose.

Section 14. Aerials. No exterior radio or television mast, tower, pole, wire, aerial, antenna, dish or appurtenances thereto, nor any other exterior electronic or electric equipment, structures, devices, wires, or guy wires of any kind shall be installed or maintained on the exterior of any structure located on a Lot or on any other portion of a Lot, unless approved by the Architectural Committee. No satellite dish or antennas of any kind shall be permitted.

Section 15. Electrical Interference. No electrical machinery, devices or apparatus of any sort shall be used or maintained in any structure located on a Lot which causes interference with the television or radio reception in any structures located on other Lots.

Section 16. Animals. No animals, livestock, or poultry may be raised, bred or kept anywhere within the Properties, except that dogs, cats and other customary household pets, limited to not more than two (2) dogs or two (2) cats, or two (2) birds may be kept upon any Lot so long as they are not kept, bred or maintained for any commercial purpose. Each Owner shall have the responsibility to clean up the waste produced by his or her pet immediately, and all pets shall be properly leashed, caged, or controlled in whatever manner is most practical whether it is located upon or off a Lot, and shall be subject to all applicable local ordinances existing at the time.

The keeping of a dog or other pet on the Property is not a right of an Owner, but is a conditional license. This conditional license is subject to termination at any time by the Association upon finding that a dog or other pet is vicious, is annoying to other residents, or has in any way become a nuisance. The owner of a pet assumes liability for all damage to persons or property caused by the pet or resulting from its presence on the Property. A dog must be kept on a leash at all times when outside.

Section 17. Nuisances. No illegal, noxious, or offensive activity shall be permitted or carried out on any part of the Property, nor shall anything be permitted or done thereon which is or may become a nuisance or a source of embarrassment, discomfort or annoyance to the neighborhood. No trash, garbage, rubbish, debris, waste material, or other refuse shall be deposited or allowed to accumulate or remain on any part of the Property, nor upon any lands contiguous thereto. No fires for the burning of trash, leaves, clippings, or other debris or refuse shall be permitted on any part of the Property, except by the Developer. No Owner shall permit any use of his Lot or make any use of the Common Areas or streets within the Subdivision that will increase the cost of insurance upon the Property above the cost when the Property is used for approved purposes, or that will cause any such insurance to be canceled or threatened for cancellation, except with the prior written consent of the Association. No bicycles, tricycles, scooters, wagons, carriages, shopping carts, chairs, benches, tables, toys, or other such items shall be parked or permitted to stand for any period of time on the streets or Common Areas, except in accordance with the Rules and Regulations.

Section 18. Trees and Surface Conditions. No Owner shall plant or place any shrubbery, hedges, trees or other plantings on any part of the Property lying outside of the Owner's Lot. No living tree having a diameter greater than six (6) inches measured at a height of four (4) feet above ground level, may be cut on any of the Property without first obtaining the written consent of the Architectural Committee and appropriate governmental authority. No said, topsoil, or shrubbery shall be removed from the Property, no change in elevations shall be made, and no change in the condition of the soil or the level of the land shall be made which may result in any permanent change in the flow and drainage of surface water which is not approved by the Architectural Committee.

Section 19. Maintenance. Each Owner must repair, replace and maintain the roofs, gutters, down spouts, lawns, shrubs, landscaping, walks, fencing, exterior building surfaces, windows, doors, trim members, driveways, and other exterior improvements and attachments from time to time situated on such owner's Lot. Each Owner is required to sod and landscape his lot as appropriate. Each Owner's duty of maintenance includes any and all easement areas upon such Owner's Lot except Common Areas, Drainage Easement Maintenance Areas. No Owner may permit any waste to the exterior portions of such Owner's Lot. Each Owner must make all repairs, maintenance and replacements necessary to attachments and appurtenant driveways, if any, in a safe, sanitary and reasonably attractive condition. Should an Owner fail to meet the minimum standards for maintenance, then the Association may perform or have performed the necessary required maintenance and thereafter specifically assess such Owner for such costs pursuant to Article V, Section 4. hereunder.

Section 20. Rules and Regulations. The Association may adopt reasonable rules and regulations concerning the appearance and use of the Property, including both Lots and the Common Area, and may be amended from time to time by the association in the manner provided by the Articles and By-Laws. The Association shall provide copies of the regulations and amendments thereto to all Owners and residents. The Rules and Regulations shall be binding on all Owners and residents after such copies are furnished. No Owner, invitee, or person residing within the Properties may violate the Association's rules and regulations for the use of the Properties. All Owners and other persons residing within the Properties, and their invitees, at all times will do all things reasonably necessary to comply with such rules and regulations. The Association may impose reasonable monetary fines and other sanctions for violations of the rules which may be collected by Liens and foreclosure as provided herein. Wherever any provision of this Declaration restricts or prohibits any activity, condition or structure within the Properties except as permitted by the Association's rules and regulations, such restriction or prohibition is self-executing until the Association promulgates rules and regulations expressly permitting such activities. Without limitation, any rules or regulation will be deemed "promulgated" when mailed to all Owners at the address shown on the Association's books or when posted at a conspicuous place on the Properties from time to time designated by the Association for such purpose. All rules and regulations may be initially promulgated by the Board, subject to amendment or recession by a majority of both classes of membership present and entitled to vote at any regular or special meeting of members. The Association's procedures for enforcing its rules and regulations shall provide the affected Owner with reasonable prior notice and a reasonable opportunity to be heard, in person and through representatives of the Owner's choice.

Section 21. Mining, No Oil or natural gas drilling, refining, quarrying or mining operations of any kind shall be permitted upon any Lot, and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot.

Section 22. Activities of Developer. Notwithstanding any other provision of the Declaration, until the Developer has completed all subdivision improvements and the sale of all Lots, neither the Association nor any Owner shall interfere with the completion of sales of the Lots. Developer may make such use of the unsold Lots as may facilitate sales, including maintenance of a sale office, showing of Lots and the display of signs.

Section 23. Use and Protection of River Lots and Lake Lots. Each lot bordering on the Anclote River ("River Lot") and a Lake ("Lake Lot") shall be used for the exclusive use and benefit of the Owner thereof subject, however, to the limitations, restrictions and reservations stated herein:

The Developer and his assigns reserves as part of the common area, an easement for access, ingress and egress over and on each River Lot or Lake Lot with said easement also being for the purpose of enforcing without limitation the rights, reservations and restrictions set forth herein.

The Association, or its duly authorized agents, shall have the right, but not the obligation, at any time, from time to time, without any liability to the Owner to trespass or otherwise, to enter upon any River Lot or Lake Lot for the purpose: (1) of maintaining the River Area or Lake Area; (2) of removing any improvement constructed or maintained upon the River Lot or Lake Lot in violation of the provisions hereof; (3) of restoring such River Lot or Lake Lot as authorized; and (4) of otherwise enforcing, without limitation all of the restrictions as set forth as part of this Declaration.

The responsibility for repair and general maintenance of the River areas and Lake areas is that of those River Lot Owners and Lake Lot Owners whose Lots abut the River or Lake. All Owners of River Lots and Lake Lots shall be responsible for lawn maintenance to the water's edge regardless of the location of the property line, such maintenance to include mowing, weeding and keeping such grassy areas in a neat, trim and sightly condition. If a River Lot Owner or Lake Lot Owner fails to maintain for any reason whatsoever the River or Lake area as required herein, the Association shall have the authority, after reasonable notice to the River Lot Owner or Lake Lot Owner affected, to enter upon any River Lot or Lake Lot for the purpose of enforcing any and all of the provisions called for herein, or for the purpose of maintaining and repairing any such area as required. The Association may assess such River Lot Owner or Lake Lot Owner for such cost of repairs or maintenance as stated herein as a Specific Assessment. The Association shall also have the power and authority from time to time, in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach of threatened breach of this Declaration and to enforce by mandatory injunction or otherwise all of the provisions of this Declaration.

No Owner shall construct or maintain any improvements upon a River Lot or Lake Lot which would, in the judgment of the Association, detrimentally affect the normal water level of the River Area or Lake Area. No fences, docks or structures of any kind may be constructed on any River Lot or Lake Lot unless prior written approval of the Architectural Committee is given. No owner may fill the River or Lake areas, draw water from the River or Lake nor place solid material or liquids in the River or Lake.

Neither the Developer nor the Association shall be responsible for control over the level of water in the River or Lake. Nor shall Developer or the Association be liable for damages in any way for an increase or decrease to the water level of the River or Lake. Each Owner agrees that he will not bring any action or suit against Developer or Association to recover for any damage caused by an increase or reduction in the water level of the River or Lake.

No pier, dock, bulkhead or other structure of any kind shall be erected, placed, or permitted to remain on, in adjacent to, bordering on, or over any portion of said River or Lake, unless prior written approval of the Architectural Committee is given and necessary approval from the appropriate governmental authorities is received. No Lot may be increased in size by filling in the River or Lake and no Lot may be dug out or dredged so as to cause the water of the River or Lake to protrude into the lot.

The Association may adopt Rules and Regulations governing or restricting use of the River and Lakes within RIVER WATCH.

Section 24. Fences. Fences shall be permitted only as designated in guidelines adopted by the Architectural Committee. The Architectural Committee created pursuant to Article VII hereof shall adopt uniform standards for the design and placement of fences, which standards shall not be limited to those specified in Article VII, but shall be compatible with the community as a whole. All fences shall comply with County regulations and be subject to review by the Architectural Committee as provided in Section VII.

Section 25. Replacement. In the event a residence is damaged or destroyed by casualty, hazard or other loss, then within twelve (12) months after such incident, the Owner thereof shall either rebuild or repair the damaged residence or promptly clear the damaged improvements and regrass and landscape the Lot in a sightly manner.

Section 26. Utility Lines. All telephone, electric, cable television, and other utilities lines and connections between the main or primary utility lines and the dwelling located on a Lot shall be located underground and concealed from view. The Owner of a Lot shall be responsible for all maintenance, operation, safety, repair and replacement of the entire secondary underground utility system from the applicable transformer or supply to the residence or dwelling.

Section 27. Mailboxes. No mailbox or paper box shall be erected or installed unless approved for design and location by the Architectural Committee.

Section 28. Wells. No wells may be drilled or maintained on any Lot without the prior written approval of the Architectural Committee, which may impose individual conditions on such operation in addition to those imposed by government.

Section 29. Basketball Hoops. No basketball hoops, backboards, or pole structures may be erected in any front yard, or side yard of a corner lot, or on the front or side of any dwelling.

Section 30. Clotheslines. No clothesline or devices or the air-drying of clothing may be constructed in any location on a lot which is visible from any street.

Section 31. Window Treatment and Shading. All windows visible from any street shall have white window treatment, whether consisting of curtains, blinds, shades, or other coverings.

Section 32. Swimming Pools. No above ground swimming pools shall be constructed on a lot. A screen enclosure or fence must be used to enclose an in-ground pool. Pool and enclosure construction are subject to review by the Architectural Committee pursuant to the terms of Article VII.

ARTICLE IV - OPERATION, MAINTENANCE AND MONITORING OF DRAINAGE FACILITIES - Back to top

Section 1. The Association shall maintain, as part of the common elements, drainage structures for the properties and comply with conditions of the permits from the Southwest Florida Water Management District ("District") for the drainage system, and the dredge and fill permit from the Department of Environmental Protection. The Association shall, when requested by Developer, accept transfer of the such permits and assume the responsibility of the Developer as it relates to such permits. The Conditions of the permits may include monitoring and record keeping schedules, and maintenance.

Section 2. Water quality data for the water discharged from the permittee's property or into the surface waters of the state shall be submitted to the District as required. Parameters to be monitored may include those listed in Chapter 17-3 of the Florida Administrative Code. Analyses shall be performed according to procedures outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by American Public Health Association of Methods for Chemical Analyses of Water and Wastes by the U. S. Environmental Protection Agency. If water quality data are required, the permittee shall provide data as required on volume of water discharged, including total volume discharged during the days of sampling and total monthly discharge from the Property or into surface waters of the State.

Section 3. The Association agrees to operate and maintain the stormwater system, and shall maintain sufficient ownership so that it has control over all water management facilities authorized.

Section 4. The Association shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the operation, maintenance or use of any facility authorized by the permit.

Section 5. The Association shall at all times properly operate and maintain the systems of treatment and control (and related appurtenances) that are installed or used to achieve compliance with conditions of the permit, as required by the District. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by District rules.

Section 6. The Association, specifically agrees to allow authorized District personnel, upon presentation of credentials or other documents as may be required by law, access to the premises, at reasonable time, when the permitted activity is located or conducted; for the purposes of inspection and testing to determine compliance with this permit and District regulations, such as:

(a) Having access to and copying any records that must be kept under the conditions of the permit;

(b) Inspecting the facility, equipment, practices, or operations regulated or required under the permit;

(c) Sampling or monitoring any substances or parameters at any location reasonably necessary to assure compliance with the permit or District rules; and

(d) Gathering of data and information. Reasonable time may depend on the nature of the concern being investigated.

Section 7. It shall be the responsibility of each property owner with the subdivision at the time of construction of a building, residence, or structure, to comply with the construction plans for the surface water management system pursuant to Chapter 40D-4, F.A.C., approved and on file with the Southwest Florida Water Management District ("SWFWMD").

Section 8. It is the lot owner's responsibility not to remove native vegetation (including cattails) that become established with the wet detention ponds abutting their property. Removal includes dredging, the application of herbicide, and cutting. Lot owners should address any question regarding authorized activities within the wet detention pond(s) to SWFWMD, Surface Water Permitting Department.

Section 9. No owner of property within the subdivision may construct any building, residence, or structure, or undertake or perform any activity in the wetlands, buffer areas, and upland conservation area described in the approved permit and recorded plat of the subdivision, unless prior approval is received from SWFWMD pursuant to Chapter 40D-4.

Section 10. Any amendment of these documents which would affect the surface water management system, including the water management portions of the common areas must have the prior approval of the Southwest Florida Water Management District.

ARTICLE V - THE ASSOCIATION - Back to top

Section 1. Membership. Every Owner of a Lot is a Member of the Association. If title to a Lot is held by more than one person, each such person is a Member. An Owner of more than one Lot is entitled to one membership for each Lot owned. Each membership is appurtenant to the Lot upon which it is based and it is transferred automatically by conveyance of title to that Lot and may not be separated from ownership of a Lot. No person except an Owner may be a Member of the Association, and a membership in the Association may not be transferred except by transfer of title to a Lot. An Owner who is a contract seller may assign such Owner's membership and voting rights to such Owner's vendee in possession.

Section 2. Voting. The Association shall have two classes of voting membership.

Class A. The Class A members shall be all Owners, with the exception of Developer, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in each Lot owned, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.

Class B. The Class B members shall be the Developer, who shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of one of the following events, whichever occurs earlier:

(1) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or

(2) on the anniversary date ten years from the date when the first Lot is conveyed to a Class A Member.

Section 3. Common Area. Subject to the rights of Owners set forth in this Declaration, the Association has exclusive management and control of the Common Area, its improvements if any, and all related furnishings, equipment, fencing and other personal property, if any. The Association's duties with respect to the Common Area include the management and operation of, improvements, equipment and personal property installed by the Developer on the Common Area, so as to keep all of the foregoing in good, clean substantial, attractive, sanitary and serviceable condition, order and repair; the payment of all taxes validly levied, assessed or imposed with respect to the Common Area; and the maintenance of adequate public liability and property insurance with respect to the Common Area.

Section 4. Exterior Maintenance. The Association has no duty of exterior maintenance with respect to any Lot; and each Owner must maintain such Owner's Lot, including any appurtenant driveways, in a safe sanitary and reasonably attractive condition. If:

(a) Any Owner refuses or fails to make any repairs, maintenance, or replacements required; and

(b) As a result, any condition on or adjoining such Owner's Lot becomes a hazard or nuisance to any other Owner, or diminishes or impairs the value or marketability of any other Lot, or is visually objectionable to persons lawfully upon the Properties; and

(c) At lease seventy-five percent (75%) of the members of the Board find that the Owner was provided reasonable notice of the failure of repair, maintenance or replacement and the Board's consideration thereof, and was given an opportunity to be heard by the Board;

then, upon the occurrence of all of the foregoing, the Association may make or perform such repairs, maintenance, or replacements as reasonably are necessary to correct such condition and assess all costs so incurred against such Owner's Lot as Provided in Article VI, Section 4, below.

Section 5. Access By The Association. The Association has a right of entry onto the exterior portions of each Lot to the extent reasonably necessary to discharge its duties of exterior maintenance, if any, or for any other purpose reasonably related to the Association's performance of any duty imposed, or exercise of any right granted by this Declaration or by any applicable Supplemental or Amended Declaration. Such right of entry shall be exercised in a peaceful and reasonable manner at reasonable times and upon reasonable notice whenever circumstances permit. Entry into any improvement upon any Lot shall not be made without the consent of its Owner or occupant for any purpose, except pursuant to Court order or other authority granted by Law. No Owner shall withhold consent arbitrarily to entry by the Association for the purpose of discharging any duty or right of exterior maintenance if such entry is upon reasonable notice, at a reasonable time, and in a peaceful and reasonable manner. The Association's right of entry may be exercised by its agents, employees and contractors.

Section 6. Services. The Association may obtain and pay for the services of any person to manage its affairs to the extent the Board deems advisable, as well as such other personnel as the Board determines are necessary or desirable for the proper operation of the Properties, whether such personnel are furnished or employed directly by the Association or by any person with whom it contracts. Without limitation, the Board may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Properties or the enforcement of this Declaration, or the Articles, By-Laws, rules and regulations.

Section 7. Rules and Regulations. As provided in the By-Laws, the Association, from time to time may adopt, alter, amend, rescind and enforce reasonable rules and regulations governing the use of the Properties, consistent with the rights and duties established by this Declaration. The Association's procedures for enforcing its rules and regulations at all times must provide the affected Owner with reasonable prior notice and a reasonable opportunity to be heard, in person, or through representatives of such Owner's choosing or both.

Section 8. Capital Improvements. Except for replacement or repair of items installed by Developer, if any, and except for any personal property related to the Common Area, the Association may not authorize capital improvements to the Common Area without the prior approval of seventy-five (75%) of the Association Members present and voting in person or by proxy at a meeting duly convened for such purposes as provided in Article VI, Section 3, below.

Section 9. Amplification. The provisions of this Declaration may be amplified by the Articles of Incorporation and By-Laws of RIVER WATCH Homeowner's Association, Inc., but no such amplification shall alter or amend substantially any of the rights or obligations of the Owners set forth in the Declaration, or any Supplemental Declaration. The Developer intends that the provisions of this Declaration and any Supplemental or Amended Declaration, on the one hand, and the Articles of Incorporation and By-Laws on the other hand, be interpreted, construed and applied to avoid inconsistencies or conflicting results. If such conflict necessarily results, however, Developer intends that the Provisions of this Declaration, or any Supplemental or Amended Declaration, control anything to the contrary in the Articles of Incorporation or By-Laws.

ARTICLE VI - ASSESSMENTS - Back to top

Section 1. Assessments Established. For each Lot owned within the Properties, Developer covenants, and each Owner of any Lot by acceptance of a deed thereto, whether or not it is so expressed in Such Deed, is deemed to covenant and agree, to pay to the Association:

(a) An annual assessment, as provided in Section 2 of this Article; and

(b) Special assessments, as provided in Section 3 of this Article; and

(c) Specific assessments; as provided in Section 4 of this Article; and

(d) All excise taxes, if any, that from time to time may be imposed by law upon all or any portion of the assessments established by this Article; and

(e) Interest and costs of collection of such assessments, including reasonable attorney's fees, as provided in this Declaration; and

All of the foregoing are a continuing charge on the land and secured by a continuing lien upon the Lot against which each assessment is made, as provided in Section 7, below. Each such assessment, together with excise taxes, interest and all costs and expenses of collection, including reasonable attorney's fees, also is the personal obligation of the person who was the Owner of such Lot when such assessment fell due. Such personal obligation will not pass to an Owner's successors in title unless assumed expressly in writing.

The annual or special assessments on Class B lot(s) shall be 50% of the corresponding assessments for Class A Lots. As an alternative in lieu of such assessments, Developer may pay the excess expenses of the Association, including reserves, which exceed the amounts collected by Class A lot assessments, as long as Class A assessments do not exceed $100.00 per month.

Section 2. Annual Assessment. The annual assessment must be used exclusively to promote the recreation, health, safety and welfare of the residents within the Properties including (i) the operation, management, maintenance, repair, servicing, renewal, replacement and improvements of the Common Area and the establishment of reserve accounts therefor for the repaving of streets and other capital replacements; and (ii) the cost of labor, equipment, materials, management and, supervision of the Common Area; and (iii) all other general activities and expenses of the Association.

Section 3. Special Assessments. In addition to the annual assessment, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, renewal, repair or replacement of a capital improvement upon the Common Area, provided such assessment first is approved by seventy-five percent (75%) of the members present and voting in person or by proxy at a meeting duly convened for such purpose. Any special assessment may be payable in one or more installments, with or without interest, as seventy-five (75%) of the Members so present and voting determine.

Section 4. Specific Assessments. Any and all accrued, liquidated indebtedness of any Owner to the Association, including fines, arising under the provision of this Declaration, or by contract expressed or implied, or because of any act or omission of any Owner or person for whom such Owner is responsible, also may be assessed by the Association against such Owner's Lot after such Owner fails to pay it within thirty (30) days after written demand.

Section 5. Amount. Until the close of the first fiscal year following Developer's conveyance of the Common Area to the Association, the annual assessment will not exceed $1,000.00 per Lot. At least thirty, (30) days before the expiration of each fiscal year, the Board will prepare and distribute to each Owner a proposed budget for the Association's operations during the next ensuing fiscal year. If such budget requires an annual assessment of 115% or less of the annual assessment then in effect, the assessment so proposed will take effect at the commencement of the next ensuring fiscal year without further notice to any Owner. If such budget requires an annual assessment that is either more than one hundred fifteen percent (115%) of the annual assessment then in effect, or would increase the budget by an amount exceeding the increase in the Consumer Price Index (CPA" published by the U. S. Department of Labor for the preceding year, or a comparable index if the CPI is not available, whichever increase if greater, then however, the Board must call a membership meeting on not less than fifteen (15) days prior notice for the purpose of approving such increase. A majority of the votes, pursuant to Article V, Section 2, of those Members present and voting is sufficient for such approval, and the assessment approved will take effect at the commencement of the next ensuing fiscal year without further notice to any Owner. If the proposed assessment is disapproved, a majority of the votes will determine the annual assessment for the next ensuing fiscal year, which may be in any amount not exceeding that stated in the meeting notice. Each annual assessment may be payable in such number of installments, with or without interest, as the Board determines. In the absence of any action by the Board or the membership to the contrary prior to the commencement of any fiscal year, the annual assessment then in effect automatically will continue for the ensuing year.

Section 6. Commencement. The assessments provided by this Article will commence as to all Lots on the first day of the first month following Developer's first conveyance of title to any Lot to a Class A Member and will be prorated on the basis of the number of months then remaining in the Association's fiscal year.

Section 7. Assessment Lien. All sums assessed to any Lot, together with interest and all costs and expenses of collection, including reasonable attorneys' fees, are secured by a continuing lien on such Lot in favor of the Association. Such lien is subject and inferior to the lien for all sums secured by any First Mortgage encumbering such Lot; but all other lienors acquiring liens on any Lot after this Declaration is recorded are deemed to consent that such liens are inferior to the lien established by this Declaration, whether or not such consent is set forth in the instrument creating such lien. The recordation of this Declaration constitutes constructive notice to all subsequent purchasers and creditors, or either, of the existence of the Association's lien and its priority. The Association may, but is not required to, from time to time, record a Notice of Lien to further evidence the lien established by this Declaration.

Section 8. Association Remedies. Any assessment not paid within thirty (30) days after its due date bears interest at the maximum rate of interest allowed by law at the time. The Association may sue the Owner personally obligated to pay such assessment for a money judgment, or it may foreclose its lien against such Owner's Lot. A suit to recover a money judgment for unpaid assessments may be maintained without foreclosing, waiving or otherwise, impairing the security of the Association's lien, or its priority. No Owner may waive or escape liability for the Association's assessments by non use of the Common Area or by abandonment of such Owner's Lot.

Section 9. Foreclosure. The lien for sums assessed pursuant to this Article may be enforced by a judicial foreclosure in the same manner in which mortgages on real property from time to time may be foreclosed in the State of Florida. In such foreclosure, the Owner is required to pay all costs and expenses of foreclosure including reasonable attorney's fees. All such costs and expenses are secured by the lien foreclosed. Such Owner also is required to pay to the Association all assessments against the Lot that become due during the period of foreclosure, which also are secured by the lien foreclosed and will be accounted and paid as of the date the Owner's title is divested for foreclosure. The Association has the right and power to bid at the foreclosure, or to acquire such Lot by deed or other proceeding in lieu of foreclosure, and thereafter to hold, convey, lease, rent, use and otherwise deal with such Lot as its Owner for purposes of resale only. If any foreclosure sale results in a deficiency, the Association may petition the Court having jurisdiction of the foreclosure to enter a personal judgment against the Owner for such deficiency.

Section 10. Exempt Lots. Any and all Lots from time to time owned by the Association will be exempt from the assessments established by this Article during the period of such ownership. This Association may not own or otherwise acquire Lots except (i) pursuant to foreclosure of the Association's lien, or (ii) one Lot for use as a residence by any resident manager for the Properties who is employed by the Association or Association's manager.

Section 11. Lien Subordination. The Association's lien established by the Declaration is subordinate to the lien of any first Mortgage. Sale or transfer of any Lot does not affect the assessment lien, except that the sale or transfer of any Lot pursuant to foreclosure of any First Mortgage, or any proceeding in lieu thereof, extinguishes the Association's lien as to payments that became due prior to such sale or transfer, without prejudice, however, to the Association's right to collect such amounts from the Owners personally liable for their payment. No such sale or transfer relieves such Lot from liability for assessment thereafter becoming due or from the lien thereof. Any encumbrancer holding a lien on a Lot may pay, but is not required to pay, any amount secured by the lien created by this Article; and, upon such payment, such encumbrancer will be subrogated to all rights of the Association with respect to such lien, including priority.

Section 12. Homesteads. By acceptance of a deed thereto, each Owner of each Lot is deemed to acknowledge conclusively that (i) the assessments established by this Article are for the improvement and maintenance of any homestead exemption otherwise available with respect to all amounts secured by such lien.

Section 13. Purposely Deleted.

ARTICLE VII - ARCHITECTURAL CONTROL - Back to top

Section 1. Authority. No dwellings, building, parking cover, shed, structure, fence, boat dock, dock, outbuilding, color change, addition, exterior alteration or substantial attachment, or construction or erection of any kind may be erected, placed, reconstructed or permitted to remain on any Lot unless and until approved by the Architectural Committee. Such approval will not be unreasonably withheld for replacements or reconstruction that conform in design, materials, appearance and quality to that of the original work.

Section 2. Design Standards. The Architectural Committee shall from time to time, subject to this Declaration and the Association documents, adopt, promulgate, amend, revoke, and enforce guidelines, hereinafter refereed to as "Design Standards" for the purposes of:

(a) governing the form and content of plans and specifications to be submitted to the Architectural Committee for approval pursuant to this Declaration;

(b) governing the procedure for such submission of plans and specifications; and

(c) establishing guidelines with respect to the approval and disapproval of design features, architectural styles, exterior colors and materials, details of construction, location and size of any structure or dwelling and all matters that require approval by the Architectural Committee pursuant to this Declaration.

Section 3. Review and Approval of Plans. No structure shall be commenced, erected or maintained on any Lot, nor shall any exterior addition to or alteration thereof be made until the plans and specifications showing the nature, kind, shape, height, materials and locations of the same shall have been submitted to the Architectural Control committee for written approval (i) as to conformity and harmony of external design and general quality with the existing standards of the neighborhood and with the standards of RIVER WATCH (ii) as to the location of the Structure in relation to surrounding structures and topography and finished ground elevation, and (iii) shall be consistent with the provisions of this Declaration. In the event the Architectural Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted in writing, or in any event, if no suit to enjoin the addition, alteration or change has been commenced prior to completion thereof, approval by the Architectural Committee will not be required.

Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the Architectural Committee including, without being limited to:

(a) a site plan showing the location of all proposed and existing structures on the Lot including building setbacks, open space, driveways, walkways and parking spaces including the number thereof;

(b) a foundation plan;

(c) a floor plan;

(d) exterior elevations of any proposed structure and alterations to existing structures, as such structure will appear after all backfilling and landscaping are completed;

(e) specifications of materials, color scheme, lighting schemes and other details affecting the exterior appearance of any proposed structure and alterations to existing structures; and

(f) plans for landscaping and grading, especially if the proposed structure consists of such landscaping or grading.

Upon approval by the Architectural Committee of any plans and specifications submitted pursuant to this Declaration, a copy of such plans and specifications, as approved, shall be deposited for permanent record with the Architectural Committee and a copy of such plans and specifications being such approval, in writing, shall be returned to the applicant submitting the same. Approval for use in connection with any Lot or Structure of any plans and specifications shall not be deemed a waiver of the Architectural Committee's right, in its direction, to disapprove similar plans and specifications or any of the features or elements included therein is such plans, specifications, features or elements are subsequently submitted for use in connection with any other Lot or Structure. Approval of any such plans and specifications relating to any Lot or Structure, however, shall be final as to that Lot or Structure and such approval may not be reviewed or rescinded thereafter, provided that there has been adherence to, and compliance with such plans and specifications, as approved, and any conditions attached to any such approval.

Notwithstanding anything to the contrary, the Architectural Committee may request changes in any plans or Structures that are completed or being built if required by law and neither the Developer nor the Architectural Committee shall be liable for damages.

In regards to any plans and specifications approved by the Architectural Committee neither Developer, nor any member of the Architectural Committee, shall be responsible or liable in any way for any defects in any plans or specifications, nor for any structural defects in any work done according to such plans and specifications nor for the failure of the plans and specifications to comply with any Law. Further, neither Developer, nor any member of the Architectural Committee shall be liable in damages to anyone by reason of mistake in judgment, negligence, misfeasance, malfeasance or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications or the exercise of any other power or right of the Architectural Committee provided for in this Declaration. Every person who submits plans or specifications to any Architectural Committee for approval agrees, by submission of such plans and specifications, and every owner of any Lot agrees, that he will not bring any action or suit against Developer, or any member of the Architectural Committee, to recover for any such damage.

Any employee or agent of the Architectural Committee may, after reasonable notice, at any reasonable time, enter upon any Lot and Structure thereon for the purpose of ascertaining whether the installation, construction, alteration, or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration' and neither the Architectural Committee, nor any such agent shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.

The approval granted hereunder is independent of any approvals which may be required by other reviewing association or agencies, including that of the City of Tarpon Springs.

Section 4. Committee Membership. The Architectural Committee of the RIVER WATCH HOA membership shall be initially composed of Michael Bronson, Paul Rose and Andrew Berger, who by majority vote may designate a representative (herein called "Designated Representative") to act for and on behalf of the Architectural Committee and to exercise all powers and perform all duties of the Architectural Committee. The address of the Architectural Committee is 4320 West Kennedy Boulevard, Tampa, Florida 33609. However, at such time as all of the Lots in the Subdivision have been sold by Developer, the powers and duties of the Architectural Committee shall immediately vest in and be assigned to the Association, and the Architectural Committee shall thereafter exist as a Committee of the Association under the control of the Association's board of Directors.

Section 5. Replacement. In the event of the death, inability to serve because of disability, or resignation of any member or members of the Architectural Committee, the remaining member or members thereof shall appoint a successor member or members, and until such successor member or members shall have been so appointed, the remaining member or members shall have full authority to exercise the powers and perform the duties of the Architectural Committee. The Board of Directors has the authority to replace or remove a member of the Architectural Committee by a majority vote.

Section 6. Standards. In reviewing any particular application, the Architectural Committee must consider whether its action will: (i) assure harmony of external design, materials and location in relation to surrounding building and topography within the Properties; and (ii) preserve the value and desirability of the Properties as a residential community; and (iii) be consistent with the provisions of this Declaration; and (iv) be in as a residential community.

ARTICLE VIII - GENERAL PROVISIONS - Back to top

Section 1. Enforcement. The Association, or any Owner, has the right to enforce, by any appropriate proceeding, all restrictions, conditions, covenants, easements, reservations, rules, regulations, liens and charges now or hereafter imposed by, or pursuant to, the provisions of this Declaration. If any Owner or the Association is the prevailing party in any litigation involving this Declaration, then that party also has the right to recover all costs and expenses incurred, including reasonable attorneys' fees for all trial and appellate proceedings, if any. If the association employs an attorney to enforce the provisions of this Declaration against any Owner, regardless of whether suit is brought, the costs and expenses of such enforcement, including reasonable attorneys' fees, may be assessed against such Owner's Lot as provided in Article VI, Section 4. Failure by the Association or any Owner to enforce any provisions contained in this Declaration does not constitute a waiver of the right to do so at any time, except as provided. The Developer also has the right to enforce all provisions of this Declaration relating to the use, maintenance, and preservation of the Properties; and, if Developer is the prevailing party in any litigation involving this Declaration, to recover all of Developer's costs and expenses incurred, including reasonable attorneys' fees.

Section 2. Meeting Requirements. Wherever any provision of this Declaration, the Articles of Incorporation, or the By-Laws requires any action to be approved by two-thirds (2/3) or more of the votes, pursuant to Article V, Section 2, of membership at a meeting duly convened for such purpose, written notice of such meeting must be given to all members not less than fifteen (15) days in advance, setting forth its purpose. At such meeting the presence in person or by proxy of Members entitled to cast at least fifty percent (50%) of the votes, pursuant to Article V, Section 2, outstanding constitutes a quorum.

Section 3. Rights of Mortgagees. By agreement between any Owner and the holder of any mortgage on such Owner's Lot, any and all membership rights of such Owner may be assigned to, and exercised by, such Mortgagee as collateral or additional security for performance of the obligations secured by such mortgage; but no such assignment or delegation will bind the Association until the Association has received written notice thereof.

Section 4. Approval of FHA/VA. Notwithstanding anything contained herein to the contrary, any amendment to this declaration, the articles, or the by-laws; or any annexation of additional property; or any merger or consolidation of the association or any dissolution of the association; or any mortgaging, sale or dedication of any common area, must be approved by the Federal Housing Administration or the Veterans Administration as long as there is Class "B" members.

Section 5. Severability. Invalidation of any particular provision of this Declaration by judgment or court order will not effect any other provisions, all of which will remain in full force and effect provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otherwise invalid provision of this Declaration when necessary to avoid a finding of invalidity which otherwise effectuating Developer's intent of providing a comprehensive plan for the use, development, sale and beneficial enjoyment of the Properties.

Section 6. Amendment. The provisions of this Declaration will run with and bind the Properties, and will inure to the benefit of and be enforceable by the Association for so long as the Properties are used in whole or in part as a residential community, and in all events, for at least twenty (20) years following the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten years. This Declaration may be amended by an instrument signed by members entitled to cast not less than seventy-five percent (75%) of the votes pursuant to Article V, Section 2, hereof. No amendment shall be effective which shall impair or prejudice the rights or priorities of the Developer or any Institutional Mortgagee without the specific written approval of the Developer or Institutional Mortgagee affected hereby. While there is Class B membership, 75% of each Class of Owners must approve any amendment. If necessary to obtain any governmental approval, including approval by the Federal Housing Administration or Veteran's Administration, or to correct a scrivener's error or omission, Developer may amend this Declaration within the first year after its recording without said approval of 75% of each class of owners.

Section 7. Easements for De Minimis Unintentional Encroachments. Where necessary and appropriate, Developer and/or the Association, whichever is in control of the particular portion of the Properties at the time, may grant easements for de minimis unintentional encroachments.

Section 8. Interpretation. Unless the context expressly requires otherwise, the use of the singular includes the plural, and vise versa; the use of the terms "including" or "include" is without limitation; the terms "Common Area", "Lot", and "Properties" include both any portion applicable to the context and any and all improvements, fixtures, trees, vegetation and other property from time to time situated thereon; and use of the words "must", "will" and "should" is intended to have the same legal effect as the word "shall". This declaration should be construed in favor of the party seeking to enforce its provisions to effectuate its purpose of protecting and enhancing the value, marketability, and desirability of the Properties as a residential community by providing a common plan for their development and enjoyment.

Section 9. Annexation. Within five years of the date of execution of this Declaration, Developer may, subject to compliance with Section 4 above, add contiguous lands to the Property, by the filing of a supplemental declaration declaring such annexed lands to be subject to the provisions hereof, with such modifications and additions as may be applicable to such annexed lands. Upon the filing of such a supplemental declaration, the Lots and lands annexed thereby shall become subject to this Declaration, to the assessment provisions hereof, and to the jurisdiction of the Architectural Committee and the Association. For purposes of Article V, Section 2, the Lots in the annexed lands shall be considered to have been part of the Property since the filing of this Declaration.

Section 10. The Association and its members shall comply with every ordinance and regulation of the City of Tarpon Springs include that specific ordinance 90-56 (and any amendments thereto) which governs and restricts the uses of the property.

Section 11. The Association and its members shall establish a Hurricane Committee for the purpose of educating the members for hurricane preparedness and establish a hurricane evacuation plan. The Association is to review said plans on an annual basis.

IN WITNESS WHEREOF, the Developer has executed this Declaration the date stated above.

Witnesses:

WALTSONS, INC.

____________________

BY:_________________________________________ Robert A. Walter

Vice President

State of Florida

County of Hillsborough

The foregoing instrument was acknowledged before me this ____ day of __________, 1995,. by Robert A. Walter as Vice President of the Waltsons, Inc., and he acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein stated. He is personally known to me. _______________________

Notary Public

Print Name:

Commission Number:

My Commission Expires:

5/5/95