AMENDED & RESTATED
DECLARATION OF
PROTECTIVE COVENANTS,
AND RESTRICTIONS
FOR
GOLFVIEW GOLF & RACQUET CLUB

1.1 "Architectural Review Committee" or "ARC" means the Architectural Review Committee as established and empowered in Section 5 of this Declaration.

1.2 "Assessment" or "Assessments" means a share of the funds required for the payment of the expenses of the Community Association which from time to time is assessed against the members, including without limitation annual assessments and special assessments, as authorized by Section 8 of this Declaration.

1.3 "Association" means Golfview Golf & Racquet Club Community Association, Inc., a Florida corporation not for profit, which has its principal place of business in Lee County, Florida, and its successors and assigns.

1.4 "Board" means the Board of Governors of Golfview Golf & Racquet Club Community Association, Inc.

1.5 "Common Areas" means any and all real property and improvements thereon owned by, leased to, or dedicated to the Community Association for the use and benefit of some or all of its members.

1.6 "Community" means all real property comprising Golfview Golf & Racquet Club, and the improvements thereon.

1.7 "County" or "the County" means Lee County, Florida.

1.8 "Family" means one adult natural person occupying a Living Unit, that person's spouse, if any, and their children as defined below; or, no more than two natural persons who are not related to each other by blood, marriage or adoption, occupying a Living Unit, who customarily reside and live together and otherwise hold themselves out as a single housekeeping unit and their children as defined below. The decision as to whether two persons who are not related to each other by blood, marriage or adoption constitute a qualifying family unit shall be a matter for the Board of Governors to decide in their sole and unbridled discretion. Once designated and accepted by the Board as a qualifying family unit, no change in persons so constituting the qualifying family unit may be made for a period of one year, but in all events such change in partner, if any, shall be subject to the Board's approval in its sole and unbridled discretion. Further, the family includes the biological or adopted child or children of only one person if they meet all of the following conditions: (a) said child or children are under the age of 2l; (b) such child or children are not married or living in a state of cohabitation with any third party; (c) said child or children do not have custodial children of their own; and (d) said child or children reside with their biological or adopted parent on a permanent basis, or in the case of college or graduate students, at such times as the student is not enrolled in a college or university.

1.9 "Governing Documents" means this Declaration, and the Articles of Incorporation, Bylaws, and the Rules and Regulations of the Community Association.  In the event of a conflict in the interpretation of the Governing Documents, they shall be applied in the order of priority as listed herein.

1.10 "Guest" means any person who is physically present in, or occupies a Living Unit on a temporary basis at the invitation of the owner or other legally permitted occupant, without the payment of consideration.

1.11 "Institutional Mortgagee" means:


1.12 "Lands" means the land submitted to this Declaration, as it may be amended from time to time.

1.13 "Lease" when used in connection with a Living Unit, means the grant by the owner of the Unit of a temporary right of use of the Unit for valuable consideration.

1.14 "Living Unit" or "Unit" means any condominium unit, located within the Community and intended for occupancy by one family or household.

1.15 "Member" means any or all of those persons who are entitled to membership in the Community Association, as provided in the Governing Documents.

1.16 "Golfview Golf & Racquet Club" is the name of the Community.

1.17 "Neighborhood" means a condominium, or any other residential sub-area development within the Community, where all the Living Units are subject to a single common recorded declaration of neighborhood covenants.

1.18 "Neighborhood Association" means a condominium association operating a Neighborhood, or operating facilities or property serving two or more Neighborhoods.

1.19 "Neighborhood Common Area" means that real property, including any improvements and fixtures thereon, which is owned or leased by, or dedicated to, a Neighborhood Association for the common use and enjoyment of its members.  If the Neighborhood is a condominium, the term includes the common elements of the condominium and any real property owned by the condominium association.

1.20 "Neighborhood Covenants" means any and all covenants, conditions, restrictions, and other provisions imposed by recorded declaration or other instrument, applicable to one or more specific Neighborhoods, including the recorded Articles of Incorporation and Bylaws of the Neighborhood Association.

1.21 "Occupy" when used in connection with a Living Unit, means the act of being physically present in the Unit on two or more consecutive days, including staying overnight.  An "Occupant" is one who occupies a Living Unit.

1.22 "Owner" means the record owner of legal title to any Living Unit.

1.23 "Rules and Regulations" means the administrative regulations governing use of the Common Areas and procedures for administering the Association, as adopted, and amended from time to time by resolution of the Board of Governors.

1.24 "SFWMD" means South Florida Water Management District.

1.25 "Service Assessment" means a charge against one or more Living Units for any service, material or combination thereof which may be provided by the Community Association for the use and benefit of the owner(s) on a voluntary basis, such as contracting in bulk for repairs, services, materials or maintenance.  The amount paid or incurred by the Association on behalf of the owners accepting or receiving such material or service shall be a service assessment against the Living Units so benefitted.  An owner is deemed to have agreed to such assessment by the act of subscribing to, requesting, or accepting the material or service.

1.26 "Structure" means something built or constructed, or any piece of work artificially built up or composed of parts joined together in some definite manner, the use of which requires a more or less permanent location on the ground, or which is attached to something having a permanent location on the ground.  The term shall be construed as if followed by the words "or part thereof."  The term includes, without limitation, all Living Units, swimming pools, spas, fences, flagpoles, antennas, basketball backboards, skateboard ramps, swing sets or other play equipment, and storage sheds.

1.27 "Voting Interests" means the arrangement established in Section 2 of the Bylaws of the Community Association by which members are entitled to vote in the affairs of the Community Association.

1.28 "Voting Representative" means the person who has been elected President of each Neighborhood Association or so designated in the President's written proxy.  Each voting representative shall be entitled to vote the number of votes equal to the number of units within each respective Neighborhood Association, as the voting representative determines to be in the best interest of his/her neighborhood, except that votes to amend the Golfview Golf & Racquet Club Documents and decide other questions so designated by the Board of Governors shall be cast by the voting representative in the same manner in which they were directed to be cast by the owners within his/her respective Neighborhood Association at a meeting of the owners of such Neighborhood Association duly called and held in accordance with the Articles of Incorporation and/or Bylaws of such Neighborhood Association.  The voting representatives shall, prior to voting such votes at a meeting of the owners, supply the Community Association with an Affidavit attesting to the outcome of such vote by the owners within his/her respective Neighborhood Association.

2.1 Community Common Areas.  The Community Association shall operate, maintain and hold record title to the Community Common Areas.  The Community Common Areas are all portions of the Community, not part of a Neighborhood. Community Common Areas include, but are not limited to, private roads not within Neighborhood Common Areas, the Clubhouse (including the golf cart facility and pro shop), pools and tennis courts and related facilities, surface water drainage and management systems, and entranceways.  The Board of Governors may promulgate reasonable rules and regulations regarding use of the Common Areas consistent with the Governing Documents.  Use of Common Areas shall be available to all members and their invitees, guests, family members and tenants, subject to the rules and the Governing Documents.

    The costs of operating, maintaining, repairing, insuring and protecting the Common Areas and the facilities located thereon or connected therewith shall be assessed equally against all Living Units. The Community Association shall have, without limitation, the following powers:

2.2 Manager. The Community Association may contract, employ and pay for the services of an entity or person to assist in managing its affairs and carrying out its responsibilities, and may employ other personnel as the Association shall determine to bc necessary or desirable.

2.3 Personal Property. The Community Association may acquire and hold tangible and intangible personal property and may dispose of the same by sale or otherwise.

2.4 Insurance. The Community Association at all times shall procure and maintain adequate policies of public liability and other insurance as it deems advisable or necessary and as required herein. The Association additionally shall cause all persons with access to Association funds to be insured or bonded with adequate fidelity insurance or bonds.

2.5 Express and Implied Powers.  The Community Association may exercise any rights, power or privilege given to it expressly by the Governing Documents or by the law in effect at the time this Declaration is recorded, and every other right, power or privilege reasonably inferable therefrom.

2.6 Acts of the Association.  Unless the approval or affirmative vote of the members is specifically made necessary by some provision of applicable law or the Governing Documents, all approvals or actions permitted or required to be given or taken by the Community Association may be given or taken by its Board of Governors, without a vote of the members.  The officers and Governors of the Community Association have a fiduciary relationship to the members.  A member does not have the authority to act for the Community Association by reason of being a member.

2.7 Articles of Incorporation.  The Articles of Incorporation of the Community Association are attached as Exhibit "C."

2.8 Bylaws.  The Bylaws of the Community Association shall be the Bylaws, as they may be amended from time to time.

2.9 Official Records.  The official records of the Community Association shall be maintained within the State of Florida and must be open to inspection and available for photocopying by members or their authorized agents at reasonable times and places within ten (10) business days after receipt by the Association of a written request for access.  This requirement may be complied with by having a copy of the official records available for inspection or copying within the Community.  The Community Association may adopt reasonable written rules governing the frequency, time, location, notice, and manner of inspection, and may impose fees to cover the costs of providing copies of the official records, including, without limitation, the costs of copying.  The Community Association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members, and may charge its actual costs for reproducing and furnishing these documents to those persons who are entitled to receive them.

2.10 Polling Places.  Accommodation may be made for the future use of building space within the Common Areas for the purposes of accommodating the function of an electoral polling place.

2.11 Treated Effluent.  The Association may negotiate an agreement with any effluent supplier for the use of treated sewage of effluent within the project for irrigation purposes of the golf course and throughout the subdivision, including all common areas, neighborhood common areas, units and condominium common element properties.  All owners within Golfview Golf & Racquet Club, by the act of purchasing, are deemed to have irrevocably consented to the irrigation of the Common Areas with treated effluent, provided that the effluent emanates from an approved treatment plant with a current operating permit from the State of Florida, Department of Environmental Protection, or other such agency with jurisdiction.  The cost of such treated effluent and all administrative, operational, maintenance and support costs related to it, are Community Common expenses of the Community Association.

2.12 Hurricane Preparedness. It shall be the responsibility of the Community Association to establish and maintain an educational program for hurricane preparedness. The program must, at a minimum, consist of annually describing to the residents the risks of hurricane hazards and actions to mitigate the dangers that these hazards present.

3.1 "Member for the Day - Private Community Association." In order to comply with the State Alcoholic Beverages and Tobacco regulations relating to dispensing of alcoholic beverages pursuant to a private club liquor license, the Community Association may create a daily membership to facilitate dispensing of alcoholic beverages to daily guests of the Community Association. The Board shall be empowered to adopt rules and restrictions pertaining to the charges paid to the Community Association for daily membership.

3.2 Use of the Golf Course.  The owners of each Living Unit are entitled to only one (l) Golf privilege up to a maximum of two (2) users.  Use rights in the golf course for each such privilege shall be limited to the persons comprising one (1) "family"as defined in Section 1.8.  If a Living Unit is owned by two or more persons who are not a "family" as defined in Section 1.8, or is owned by an entity which is not a natural person, the owner shall be required to select and designate one (l) family as defined in Section 1.8 to utilize the golf membership.  The Community Association may restrict the frequency of changes in such user designation when there is no change in ownership of the Living Unit.

3.3 Association Rights and Easements. Members have the non-exclusive right to use the Common Areas subject to:


3.4 Delegation of Use Rights In Common Areas. Guests accompanied by a member shall have the right to use the Common Areas, but only to the extent provided in Section 2.6 of the Bylaws, or in the Community Association's rules and regulations, and subject to the conditions, limitations and restrictions as may be stated therein.  A fee may be imposed for such usage delegation, not necessarily limited by or related to the cost of processing the delegation.  Each member shall be financially and legally responsible to the Community Association for the actions and debts to the Community Association of any person to whom the member has delegated his right to use the Common Areas.  The member may not delegate the obligation to pay Community Association assessments.  Upon the lease of a Living Unit to which use rights are appurtenant, the lessor may retain the right to use the use rights, in which case the tenant shall have no such rights.  If a lessor delegates his use rights to a tenant residing in his Living Unit, the member shall not be entitled to use of the facilities, except as a guest of another owner, during the period of the delegation.

3.5 Separation of Ownership.  The ownership of a Living Unit constructed thereon, may not be separated or separately conveyed, nor may any person who does not own record legal title to at least one Living Unit hold membership in the Association.

3.6 Credit.  The Community Association may implement a policy of not accepting cash payments, and may require that each member and resident guest open an account with a nationally recognized credit card, to which all purchases of goods and services from the clubhouse, and other facilities may be charged.

4.1 Subdivision and Regulation of Land.  No Living Unit may be divided or subdivided without the express written consent of the Community Association.  No owner or Neighborhood Association shall initiate, undertake or attempt to inaugurate or implement any variation from, modification to, or amendment of any other governmental plans, land development regulation, development orders or development permits applicable to the Community.  Nothing herein is intended to prohibit judicial partition of a Living Unit owned by two or more persons.

4.2 Surface Water Management Systems.  Lakes. and Wet Retention Ponds.  The Community Association shall be responsible for maintenance of all surface water management systems, ditches, canals, lakes, water areas, drainage areas, and water retention ponds in the Community.


4.3 Open Space.  Any land subjected to this Declaration and designated as open space or landscape buffer, shall be preserved and maintained by the owner of such land as open space.  If such land or an easement over such land has been conveyed or dedicated to the Community Association or to a Neighborhood Association, the Community Association or Neighborhood Association shall preserve and maintain such land.  No development may occur on such land except structures or improvements which promote the use and enjoyment of the land for open space purposes.

4.4 Maintenance of Premises.  No high weeds, underbrush, high grass or other unsightly vegetation shall be permitted to grow or remain upon any Neighborhood Common Area, and no refuse or waste shall be allowed to be placed or suffered to remain upon any Neighborhood Common Area.  If a Neighborhood Association permits such woods, high grass, underbrush or other unsightly growths, and fails to correct same after five (5) days notice by the Community Association, the Community Association shall have the right to enter upon the premises and make such corrections and shall charge the Neighborhood Association for the cost of the corrections.  Said charge, until paid, shall be a lien against the offending Neighborhood Association Common Area.  All lawns, landscaping and sprinkler systems and all structures, improvements and appurtenances shall at all times be kept in safe, and attractive condition, and all structures shall be maintained in a finished, painted and attractive condition.  Provisions under this section are intended to obligate the Community Association to maintain all streets, roads and thoroughfares and other open areas within the subdivision, other than Neighborhood Common Areas.

4.5 Litter. In order to preserve the beauty of the Community, no garbage, trash, refuse or rubbish shall be deposited, dumped or kept within the Community except in closed containers, dumpsters or other garbage collection facilities deemed suitable by the Board.  All containers, dumpsters and other garbage collection facilities shall be screened from view, kept in a clean condition, and without noxious or offensive odors emanating.

4.6 Walls. Fences. Hedges. etc.  Unless approved in writing by the Community Association, no wall, fence, hedge, or other divider shall be constructed or maintained at a height of more than four feet above the ground level of any Neighborhood Common Area.  No wall, fence, or a hedge shall be constructed on any Neighborhood Common Area unless its height, length, type, design, composition, material and location shall have first been approved in writing by the Community Association.  Height shall be measured from the finished grade of adjoining developed property. Any dispute as to height, length, type, design, composition or material shall be resolved by the Community Association's Board of Governors, whose decision shall be final. Approval may not be given for the construction of any wall, fence or hedge which materially interferes with the water view or golf course view of any Living Unit.

4.7 Driveways and Parking Areas.  Driveways and parking areas must be paved with concrete, paver blocks, or another hard surface approved by the Community Association.

4.8 Color. No exterior colors on any structure shall be permitted that, in the judgment of the ARC or the Community Association, would be inharmonious, discordant or incongruous with the Community or a particular Neighborhood. The initial exterior color and design of structures shall be as approved by the Community Association, and any later changes must be approved by the ARC.

4.9 Underground Utilities.  No lines or wires for communication or the transmission of current shall be constructed, or placed, or permitted to be placed within the Common Areas, unless the same shall   be protected cables; all such lines or wires which are not located in buildings shall be constructed or placed and maintained underground, unless otherwise approved in writing by the Community Association. No water pipe, gas pipe, sewer pipe, drainage pipe or storage tank shall be installed or maintained above the surface of the ground, except hoses and movable pipes used for irrigation purposes.

4.10 Antennas and Flagpoles.  No outside television, radio, or other electronic towers, aerials, antennae, satellite dishes or device of any type for the reception or transmission of radio or television broadcasts or other means of communication shall hereafter be erected, constructed, placed or permitted to remain on any lands within the Community or upon any improvements thereon, unless expressly approved in writing by the ARC, except that this prohibition shall not apply to those antennae specifically covered by 47 C.F.R. Part l, Subpart S, Section 1.4000, as amended, promulgated under the federal Telecommunications Act of l 996, as amended from time to time.  The Community Association shall be empowered to adopt rules governing the types of antennae, restrictions relating to safety, location and maintenance of antennae.  The Community Association may adopt and enforce reasonable rules limiting installation of permissible dishes or antennae to side or rear yard locations, not visible from the street or neighboring properties, and integrated with the Residence and surrounding landscape, to the extent that reception of an acceptable signal would not be unlawfully impaired by such rules.  Antennae shall be installed in compliance with all federal, state and local laws and regulations, including zoning, land-use and building regulations. An approved flagpole shall not be used to mount an antenna.  This provision is intended to protect residents from unreasonable interference with television reception, electronic devices, and the operation of home appliances, which is sometimes caused by the operation of ham radios, CB base stations or other high-powered broadcasting equipment.

4.11 Outdoor Equipment.  All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool and spa equipment and housing and sprinkler pumps and other such outdoor equipment must be underground, or placed in areas not readily visible from adjacent streets, or adequate landscaping must be used as screening around these facilities and maintained by the Community Association.

4.12 Lighting.  All exterior lighting of structures or landscaping shall be accomplished in accordance with plans approved in writing by the Community Association, except as may be initially installed or approved by the Community Association, no spotlights, floodlights or similar high intensity lighting shall be placed or utilized upon any parcel which in any way will allow light to be reflected on any other parcel or the improvements thereon, or upon any Common Areas or any part thereof, without the approval of the Community Association.  Other types of low intensity lighting, including normal and customary Christmas or other holiday decorations, which do not unreasonably disturb other owners or occupants of the Community, shall be allowed.

4.13 Signs. No signs, banners, billboards or advertisements of any kind, including without limitation, those of Realtors, politicians, contractors or subcontractors, shall be erected or displayed anywhere within the Community, including in windows and on motor vehicles.  The Board of Governors shall have the right to erect or allow signs as they, in their discretion, deem appropriate.  If any sign is erected in violation of this provision, the Community Association, or any Neighborhood Association shall have the right to enter the property on which the sign is located and remove it.  The foregoing shall not apply to signs, banners, flags, billboards or advertisements used or erected by the Community Association, nor to entry and directional signs installed by the Community Association, and signs required by law.

4.14 Trucks. Commercial Vehicles, Recreational Vehicles. Motor Homes, Mobile Homes. Boats, Campers, Trailers and Other Vehicles.


4.15 Living Units; Residential Use.  Each Living Unit shall be used as a single family residence and for no other purpose.  No business or commercial activity shall be conducted in or from any Living Unit, nor may the address or location of the Unit be publicly advertised as the location of any business or commercial activity.  This restriction shall not be construed to prohibit any owner from maintaining a personal or professional library, from keeping personal, business or professional records in his Living Unit, or from handling personal, business or professional telephone calls and written correspondence in and from his Living Unit.  Such uses are expressly declared customarily incident to residential use.

4.16 Leasing of Living Units.  No Living Unit may be leased or rented for a period of less than thirty (30) consecutive days.  Neighborhood Covenants may establish stricter standards for particular Neighborhoods.

4.17 Pets and Animals.  All animals shall be leashed (if outdoors), or kept within the Living Unit and shall not be permitted to roam free.  The Community Association may restrict the walking of pets to certain areas.  Pets are not permitted on the golf course at any time.  Owners who walk their pets on Community Association or Neighborhood Common Areas must clean up after their pets.  The ability to keep a pet is a privilege, not a right.  If in the opinion of the Board, any pet becomes the source of unreasonable annoyance to others, or the owner of the pet fails or refuses to comply with these restrictions, the owner, upon written notice, may be required to remove the pet from the Community.

4.18 Nuisances.  Nothing may or shall be done which is, or may become, a source of unreasonable annoyance or nuisance to residents of any Neighborhood.

4.19 Correction of Health and Safety Hazards.  Any conditions of the physical property which are reasonably deemed by the Board of Governors to be an immediate hazard to the public health or safety may be corrected as an emergency matter by the Community Association, and the cost thereof shall be charged to the responsible owner or Association.

5.1 General.  Except for the initial construction of Living Units, Neighborhood Common Area facilities, Common Area facilities, and related improvements, no building, structure or other improvement shall be erected or altered, nor shall any grading, excavation, landscaping, change of exterior color, or other work which in any way materially alters the exterior appearance of any structure, Living Unit, or Neighborhood Common Area be performed without the prior written approval of the ARC.  In obtaining said written approval, an owner or any other person applying shall comply with all applicable requirements and procedures.

5.2 Architectural Review Committee. The architectural and aesthetic review and control functions of the Community Association shall be administered and performed by the ARC.  The ARC shall consist of not less than three (3) individuals, who need not be members of the Community Association.  The term of office, composition, compensation (if any), qualifications and meeting procedures of the ARC shall be as provided in Section 6 of the Bylaws.

5.3 Powers. The ARC shall have the power, subject to and limited by the guidelines of the approved regulatory permits of South Florida Water Management District to:


5.4 Enforcement.  Any decisions of the ARC shall be enforced by the Neighborhood Association involved, as well as by the Community Association.

6.1 Utilities, Services and Support.  Each Unit, Common Areas, and Neighborhood Common Areas is and are hereby subjected to easements for public services, communications and telecommunications, and utilities purposes including, but not limited to, fire, police protection, and emergency services, garbage and trash removal, potable and non-potable water, sewage, telephone, electric and gas service, lake maintenance, and cable television.  The utilities and governmental agencies having jurisdiction, and their employees and agents, shall have the right of access to any Unit or Common Areas in furtherance of such easements. The easement areas whether or not shown on any plat, shall at all times be properly maintained by the owner, whether or not the utility or service company properly maintains the easement area.

6.2 Contracts With Service Providers.  The Community Association shall have the right to enter into Contracts for bulk cable and/or satellite television programming and other broadband telecommunication services, the Community Association shall deem, in their sole respective discretion, to be in the best interest of the Community.  The Community Association may receive valuable consideration for the grant of the exclusive right to provide these services.  Any such contract for cable television or other similar services shall provide, and if it does not, shall be deemed to provide, that during any period of occupancy of a Living Unit by a hearing impaired or legally blind unit owner who does not occupy the Living Unit with a non-hearing impaired or sighted person, said owner may refuse or discontinue the service without incurring disconnect fees, penalties, or subsequent service charges, and as to such Living Units, the owners shall not be required to pay any charge related to such service.

6.3 Collection of Television Programming Assessments by Community Association. Every Living Unit to which the television programming service is available for many contractual designee(s) shall be subject to a service assessment, payable per Living Unit for television programming services, including, without limitation, cable television services. The Community Association shall bill the appropriate television programming service assessment to each Living Unit, along with other assessments for common expenses, which may be due and payable at the same time, and shall collect same and remit payment to the contractual designee(s) providing the television programming services.

6.4 Easements for Playing Golf. Non-specific, non-exclusive easements are hereby created for the benefit of users of the golf course over all Living Units, Neighborhood Common Areas, and Common Areas adjacent to the golf course, to permit every act necessary, incidental, or appropriate to the playing of golf. These acts include, without limitation, the recovery by golfers of errant golf balls, the flight of golf balls over and across such Living Units or Common Areas, the landing of errant golf balls upon the Living Units or Common Areas, the use of necessary and usual golf carts and maintenance equipment upon the golf course (and this golf course easement over as herein set out), the usual and common noises and other disturbances created by maintenance of the course and the playing of the game of golf, including occasional tournaments, together with all other common and usual occurrences normally associated with the existence and operation of a golf course.

6.5 Waiver and Disclaimer Regarding Golf Course.  Each Owner of a Unit, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is hereby deemed to acknowledge and accept the following inherent risks associated with the golf course:


The Community Association and its members (in their capacity as members), any successor in title to the golf course, and any agents, servants, employees, Governors, officers, affiliates, representatives, receivers, subsidiaries, predecessors, successors and assigns of any such party ("Released Parties"), shall not in any way be responsible for any claims, damages, losses, demands, liabilities, obligations, actions or causes of action whatsoever, including, without limitation, actions based on (a) any invasion of the unit owner's use or enjoyment of the unit, (b) improper design of the golf course, (c) the level of skill of any golfer (regardless of whether such golfer has the permission of the management to use the golf course), or (d) trespass by any golfer on the Neighborhood Common Area, that may result from property damage or personal injury from golf balls (regardless of number) hit on the Burdened Property or adjacent roadways, or from the exercise by any golfer of the easements granted herein.

Furthermore, each Owner of a Unit hereby assumes the risk inherent in owning property adjacent to or nearby a golf course, including, without limitation, the risk of personal injury and property damage from errant golf balls, and hereby indemnifies and agrees to hold the Released Parties harmless from any and all loss arising from claims by such Owner, or persons using or visiting such Owner's Unit or Neighborhood Common Area, for any personal injury or property damage.

7.1 Maintenance and Alteration. The Community Association is responsible for the maintenance, repair, replacement, insurance, protection and control of all Common Areas in accordance with all applicable laws, and shall keep the same in good, safe, clean, attractive and sanitary condition, and in good working order at all times.  There shall be no material alterations of or substantial additions to the Community or Golf Common Areas costing more than $100,000, in the aggregate during any fiscal year unless first approved by a majority of the members of the Community Association. However, if work that is reasonably necessary to meet the Community Association's obligations under the first sentence of this Section 7.1 also constitutes a material alteration or substantial addition, no prior membership approval is required.

7.2 Partition. Subdivision and Encumbrance. The Common Areas shall not be abandoned, partitioned, subdivided, alienated, released, transferred, hypothecated, or otherwise encumbered, without first obtaining the approval of not less than a majority of the members.  The foregoing shall not be construed to limit the authority of the Community Association through its Board of Governors to grant such easements over, across and through the Common Areas, as may be necessary for the   effective and efficient operation of the facilities or for the general benefit of the members.  Nothing herein shall be construed to prohibit judicial partition of any Unit owned in co-tenancy.

8.1 Creation of Lien. Each owner, by acceptance of a deed to a Living Unit, covenants and agrees to pay to the Community Association:


8.2 Purposes of Assessments:


8.3 Amount of Annual Assessments.  The amount of the annual assessment based on the annual budget shall be the same for each Living Unit.

8.4 Special Assessments.  Any special assessments levied by the Community Association's Board of Governors shall be assessed equally against all Living Units.

8.5 Charges.  Any charge by the Community Association authorized by law or by the Governing Documents to be imposed on less than all of the Living Units shall not be deemed an assessment. Payment may be enforced as provided in this section.

8.6 Television Programming Service Assessment. Assessment for System services, as described herein, may be levied by the Board of Governors. Given their nature and purpose, such assessments may be levied on a non-uniform basis, notwithstanding the provisions of Section 8.3 above, and shall still be deemed "assessments".  For example, if the Community Association enters into a Community wide bulk contract for cable or satellite television services to be provided to all Living Units, but one (1) or more Living Units is owned or occupied by a vision impaired person who, by law, cannot be required to pay for such cable television services, the cost of the cable television service shall be  shared equally by all other Living Units, and the amount each Living Unit pays shall be deemed an "assessment" for all purposes hereunder.

8.7 Lien. The Community Association has a lien on each Living Unit for any unpaid past due assessments and charges, together with interest, late payment penalties and reasonable attorney's fees incurred by the Community Association in enforcing this lien. The lien relates back to the date of recording of the original Declaration in the Public Records of Lee County, Florida; and is perfected by recording a Claim of Lien in the public records of the County, which Claim of Lien shall state the legal description of the property encumbered thereby, the name of the record owner, the amounts then due and the dates when due.  The Claim of Lien must be signed and acknowledged by an officer or agent   of the Community Association.  The lien shall continue in effect until all sums secured by said lien have been fully paid, and the lien satisfied or discharged.  The Claim of Lien shall secure all unpaid assessments and charges, interest, costs and attorneys fees which are due and which may accrue or come due after the recording of the Claim of Lien and up to the issuance of a clerk's deed.  Upon full payment, the person making payment is entitled to a satisfaction of the lien.

8.8 Foreclosure of Lien.  Unless a different method is required by Florida law, as amended from time to time, the Community Association's lien may be foreclosed by the procedures and in the manner provided in Section 7l8.ll6 of the Florida Condominium Act, as it may be amended from time to time, for the foreclosure of a lien upon a Unit for unpaid assessments.  The Association may also bring an action at law against any owner liable for unpaid charges or assessments.  If final judgment is obtained, it shall include interest on the assessments as above provided and a reasonable attorney's fee to be fixed by the Court, together with the costs of the action, and the prevailing party shall be entitled to recover reasonable attorneys fees in connection with any appeal of such action.

8.9 Priority of Lien. Unless otherwise provided by Florida law as amended from time to time, the Community Association's lien for unpaid assessments and charges shall have the same priority with respect to first mortgagees holding mortgages on Living Units the lien of a condominium association for unpaid assessments under Section 7l8.ll6, Florida Statutes, as amended from time to time, has  with respect to first mortgagees or other acquirers of title through the first mortgage.  The Community Association's lien shall be superior to, and take priority over, all other mortgages regardless of when recorded. Any lease of a Living Unit shall be subordinate and inferior to any Claim of Lien of the Community Association, regardless of when the lease was executed.  The relative priority of the Community Association's lien to that of a Neighborhood Association shall be determined by the order of their recording in the public records.

8.10 Ownership. Assessments and charges collected by or on behalf of the Community Association become Association property; no owner has the right to claim, assign or transfer any interest therein except as an appurtenance to his Living Unit.  No owner has the right to withdraw or receive  distribution of his share of the common surplus (including reserves), except as otherwise provided by law.

9.1 Owner and Member Compliance.  The protective covenants, conditions, restrictions and other provisions of the Governing Documents and the rules promulgated by the Community Association, shall apply to all owners, as well as to any other person occupying any Living Unit.  Failure of an owner to notify any person of the existence of the rules, or the covenants, conditions, restrictions, and other provisions of the Governing Documents shall not in any way act to limit or divest the Community Association of the power to enforce these provisions.  Each owner shall be responsible for any and all violations by his tenants, licensees, invitees or guests, and by the guests, licensees and invitees of his tenants, at any time.

9.2 Litigation. Each member and the member's tenants, guests, and invitees, and the Community Association are governed by and must comply with Chapter 720, Florida Statutes, the Governing Documents and rules of the Community Association. Enforcement actions for damages, or for injunctive relief, or both, on account of any alleged violation of the Governing Documents and Community Association rules may be brought by any owner or the Community Association against:


9.3 Damages and Attorney's Fees.  Damages shall not be conclusively deemed adequate relief for any breach or violation of the Governing Documents or the rules.  Any person or entity entitled to enforce any provision thereof shall be entitled to relief by way of injunction, as well as any other available relief either at law or in equity.  The prevailing party in a proceeding to enforce any provision of the Governing Documents or rules, or to enjoin violation or breach of any provision hereof, or recover damages on account of such breach, against any person shall be entitled to recover reasonable attorney's fees and court costs (including those resulting from appellate proceedings).

9.4 Fines.


9.5 Suspension of Use Rights.  To the extent lawful, the Board of Governors may suspend the right of any unit owner, or his guests, tenants, or family members, to use Common Areas during any period of time the owner shall have failed to pay any fine levied, or for a reasonable time as punishment for one or more infractions of Association rules and regulations by the owner, his family, guests or tenants. No such suspension shall affect the unit owner's right of access to his unit.

10.1 Maintenance of Neighborhood Common Areas.  The Community Association may contract with any Neighborhood Association to provide for the maintenance and management of its Neighborhood Common Areas.

10.2 Neighborhood Covenants.  The documents establishing or governing a Neighborhood Association shall not be inconsistent with this Declaration or its recorded exhibits, except they may establish restrictions on subjects related to the use and occupancy of the property within the Neighborhood, such as pets, parking, architectural controls, leasing and guest occupancy, that are more restrictive than those set forth in the Governing Documents.

10.3 Neighborhood AssociationVoting.  The Bylaws of each Neighborhood Association shall provide a procedure by which its members who are entitled to cast votes as members of the Community Association may cast their votes on Community Association matters.  Except as otherwise provided in the Bylaws, each Neighborhood Association shall poll its owners or collect and tabulate its members' votes, and shall designate a voting representative to attend Community Association meetings and cast the votes of its members at such meeting.  The procedure, subject to any restrictions, limitations or conditions which may be imposed by the Neighborhood Covenants or by other recorded instrument, may provide for votes to be cast in the same manner as originally cast by the Neighborhood Association's members.  Nothing herein shall be construed to make it mandatory for a Neighborhood Association to poll its members on every matter or any particular matter which may be voted upon by the members of the Community Association.

11.1 Duty to Insure and to Reconstruct or Clean Up. Each owner or Neighborhood Association shall at all times maintain adequate property insurance on the Living Units and structures containing Living Units, and all other insurable improvements, in amounts equal to the replacement cost thereof. If any Living Unit or other improvements located on any Neighborhood Common Area are destroyed or damaged as a result of fire, windstorm, flood, tornado, hurricane or other casualty, the owner or Neighborhood Association shall:


11.2 Failure to Comply. If any owner or Neighborhood Association fails to comply with Section ll.1 above within the time periods provided, the Community Association shall be deemed to have been granted the right by the owner or Neighborhood Association as his or its attorney-in-fact, to either commence and complete the repairs sufficient to substantially restore the improvements to their original condition, according to the plans and specifications of the original improvements; or to remove the damaged improvements completely. If the Community Association exercises the rights afforded to it by this Section, the owner or Neighborhood Association shall be deemed to have assigned to the Community Association any right he or it may have to insurance proceeds that may be available because of the damage or destruction. The Community Association shall have the right to recover from the owner or Neighborhood Association any costs not paid by insurance, and shall have a lien on the Living Unit to secure payment.

11.3 Flood Insurance. The Community Association may, in the discretion of the Board, maintain flood insurance to cover buildings and any other property in designated hazard areas, if any, up to the full insurable value or maximum coverage available.

11.4 Property Insurance. The Community Association shall maintain replacement cost property insurance coverage on all structures, improvements, and fixtures which are part of the Common Areas.

11.5 Liability Insurance. The Community Association shall maintain adequate public liability insurance coverage for all Common Areas.

11.6 Bonding. The Community Association shall maintain adequate fidelity bond coverage for all individuals having control of or access to Association funds.

11.7 Community Association's Right of Entry. For the purpose of performing the duties authorized by Section l l, the Community Association, through its duly authorized agents and employees, shall have the right to enter upon any Living Unit at reasonable hours and perform such duties.

11.8 Security: Non-Liability of Community Association. The Community Association shall not be liable if security services are not provided.

12.1 Mortgage Foreclosure.  Except as otherwise provided by Florida law as amended from time to time, if an Institutional Mortgagee acquires title to a Living Unit as a result of foreclosure of the mortgage, or as the result of a deed given in lieu of foreclosure, such mortgagee shall not be liable for the Community Association assessments or charges attributable to the Living Unit, or chargeable to the former owner, which came due prior to the mortgagee's acquisition of title.  Any unpaid assessment or charges for which such acquirer is exempt from liability becomes an expense collectible from all owners, including such acquirer and his successors and assigns.  No owner or acquirer of title to a Living Unit by foreclosure (or by a deed in lieu of foreclosure) may, during the period of his ownership, be excused from the payment of any assessments or charges coming due during the period of such ownership.

12.2 Right to Inspect Documents and Books. The Community Association shall make available to Institutional Mortgagees requesting same the current Governing Documents and Rules and Regulations of the Community Association and financial statements of the Association. "Available" shall mean ready for inspection, upon written request, during normal business hours, or under other reasonable circumstances.  Photocopies shall be at the expense of the mortgagee requesting same.

12.3 Financial Statement. Any Institutional Mortgagee is entitled, upon written request, to a copy of the financial statements of the Community Association for the immediately preceding fiscal year.

13.1 Duration of Covenants. The covenants, conditions, easements and restrictions in this Declaration shall run with and bind the property within the Community, and shall inure to the benefit of and be enforceable by the County, the Community Association, and any owner, their respective legal.representatives, heirs, successors, and assigns, for an initial period to expire on the ninety- ninth (99th) anniversary of the date of recording this Declaration in the Public Records of Lee County, Florida. Upon the expiration of said initial period, this Declaration shall be automatically renewed and extended for an unlimited number of successive ten (l0) year periods, this Declaration as it may be amended being automatically renewed and extended upon the expiration of each ten (l0) year renewal period for an additional ten (l0) year period, until terminated as provided below.

13.2 Termination. This Declaration may be terminated at any time after the initial period if not less than eighty percent (80 % ) of the voting interests of the Community Association vote in favor of terminating this Declaration.  Written notice of any meeting at which a proposal to terminate this Declaration is to be considered, setting forth the fact that such a proposal will be considered, shall be given at least forty-five (45) days in advance of said meeting.  If the members vote to terminate this Declaration, the President and Secretary of the Community Association shall execute a certificate which shall set forth the resolution of termination so adopted, the date of the meeting of the Community Association at which the resolution was adopted, the date that notice of the meeting was given, the total number of votes cast in favor of the resolution, and the total number of votes cast against the resolution. The certificate shall be recorded in the public records of the County, and may be relied upon for the correctness of the facts contained therein as they relate to the termination of this Declaration. The termination shall be effective on the date the Certificate is recorded in the public records.

13.3 Amendments.  This Declaration may be amended at any time.  Except as otherwise specifically provided, amendments to this Declaration may be proposed by the Board of Governors or by written petition of at least one-fourth (l/4th) of the voting interests.

13.4 Procedure. Upon any amendment or amendments to this Declaration being proposed as provided above, the proposed amendment or amendments shall be submitted to a vote of the members not later than the next annual meeting for which proper notice can be given.

13.5 Vote Required. Except as otherwise provided by law, or by specific provision of this Declaration, a proposed amendment to this Declaration shall be adopted if it is approved, at an annual or special meeting called for that purpose, by at least two-thirds (2/3rds) of the membership interests present and voting, provided that notice of the text of each proposed amendment was sent to the members with notice of the meeting. 

13.6 Certificate; Recording.  A copy of each adopted amendment shall be attached to a certificate that the amendment was duly adopted as an amendment to the Declaration, which  certificate shall be executed by officers of the Association with the formalities of a deed.  The amendment shall be effective when the certificate and copy of the amendment are recorded in the public records of the County.  The certificate must set forth the location in the public records of the County where this Declaration was originally recorded.

13.7 Exceptions.  Wherever in this Declaration the consent, approval, or affirmative vote of two-thirds (2/3rds) or more of the voting interests of the members is required to authorize or take a particular action, the language requiring the particular number of consents, approvals, or votes may not be amended except by the same vote required to authorize or take the action.

14.1 Other Documents. The Community Association, and the Neighborhood Associations shall have such rights, powers, duties, and privileges as are set forth in the Governing Documents and Neighborhood Covenants; this Declaration and its provisions shall prevail in all events of conflict.

14.2 Severability.  If any covenant, condition, restriction or other provision of this Declaration is held to be invalid in whole or in part by any court of competent jurisdiction, the holding shall in no way affect the validity of the remaining provisions of this Declaration, all of which shall remain in full force and effect.

14.3 Merger or Consolidation of Associations.  Upon a merger or consolidation of the Community Association with another corporation as provided by law, the Community Association's rights, obligations and property may, by operation of law, be transferred to another surviving or consolidated association, alternatively, remain the rights, obligations and property of the Community Association as the surviving corporation.  The surviving or consolidated corporation may administer this Declaration within the existing property together with the covenants and restrictions established upon any other property, as one common scheme.

14.4 Dissolution.  If the Community Association is dissolved other than by a merger or consolidation as provided for above, each Living Unit shall continue to be subject to the assessments provided for herein, and each owner shall continue to be personally obligated to the Community Association for such assessment to the extent that such assessments are required to enable any such successors or assigns acquiring any real property previously owned by the Community Association to properly maintain, operate and preserve it.

14.5 Gender; Number.  Wherever in this Declaration the context so requires, the singular number shall include the plural, and the converse; and the use of any gender shall be deemed to include all genders.

14.6 Notices.


14.7 Construction.  The provisions of this Declaration shall be liberally interpreted and construed to provide maximum flexibility consistent with the general development plan and the purposes set forth herein, including the premises.

14.8 Captions, Headings, and Titles.  Captions, headings, capitalization of certain words, and titles inserted throughout the Governing Documents are for convenience only, and in no way shall such captions, headings or titles define, limit, or in any way affect the subject matter, content or interpretation of the terms and provisions of the Governing Documents.

14.9 Interpretation.  The Board of Governors of the Community Association shall be responsible for interpreting the provisions of the Governing Documents.  Their interpretation shall be binding upon all parties unless wholly unreasonable.  A written opinion rendered by Community Association legal counsel that an interpretation adopted by the Board is not wholly unreasonable shall conclusively establish the validity of such interpretation.

14.10 Applicable Statutes.  The validity, application, and construction of this Declaration and its exhibits shall be governed by the Laws of Florida, as they exist on the date of recording this Declaration.