WHEREAS, the Association is a not-for-profit homeowners association operating pursuant to Chapter 720, Florida Statutes; and

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1 This document prepared by and return to: Law Ofices of John L. Di Masi, P.A. 801 N. Orange Ave., Suite 500 Orlando, Florida INSTR# BK Pgs PG(s)6 12/08/ :34:50 AM STACY M. BUTTERFIELD, CLERK OF COURT POLK COUNTY RECORDING FEES AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CALABAY PARC HOMEOWNERS ASSOCIATION. INC. THIS AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CALABAY PARC HOMEOWNERS ASSOCIATION, INC. ("Amendment " ) is made and approved at a properly noticed Annual Meeting of the Members of Calabay Pare Homeowners Association, Inc. ("Association"), whose address is 6972 Lake Gloria Boulevard, Orlando, Florida 32809, which occurred on May 6,2017. WITNESSETH WHEREAS, the Association is a not-for-profit homeowners association operating pursuant to Chapter 720, Florida Statutes; and WHEREAS, the Association is governed by, among other documents, that certain Declaration of Covenants, Conditions and Restrictions for Calabay Pare recorded at Official Records Book 4624, Page 1957, of the Public Records of Polk County, Florida, as amended by that certain Supplement to Declaration of Covenants, Conditions and Restrictions for Calabay Pare recorded at Official Records Book 5394, Pages 1485, Amendment to Declaration of Covenants, Conditions and Restrictions and to the By-Laws of Calabay Pare Homeowners Association, Inc., recorded at Official Records Book 7188, Pages 440, Amendment to Declaration of Covenants, Conditions and Restrictions for Calabay Pare Homeowners Association, Inc., recorded at Of ficial Records Book 8700, Pages 45, and Third Amendment To Declaration of Covenants, Conditions and Restrictions for Calabay Pare recorded at O ficial Records Book 9021, Page 0652, of the Public Records of Polk County, Florida, (collectively referred to as the " Declaration"); and WHEREAS, pursuant to Article XI, Section 11.5, of the Declaration, the Declaration may be amended by an af firmative vote of the majority of a quorum of the Members present in person or by proxy at a meeting called for such purpose; and WHEREAS, the Members are desirous of the amending the Declaration; and WHEREAS, on March 17, 2017 and again on March 24, 2017, the Members were provided notice of the Annual Meeting of the Members that occurred on May 6,2017; and WHEREAS, thirty-three (33) Members constitute a quorum of the Members; and WHEREAS, seventy-five (75) Members attended the Annual Meeting of the Members on May 6,2017, in person or by proxy and established a quorum; and WHEREAS, under Article XI, Section 11.5, of the Declaration, thirty-eight (38) 1

2 CFN# OR BK PG 1624 Pgs /08/ :34:50 AM Members attending the Annual Meeting of the Members in person or by proxy were required to approve any amendment to the Declaration; and WHEREAS, at the Annual Meeting of the Members on May 6, 2017, more than a majority of a quorum of those Members voting in person or by proxy voted in favor of approving the amendments to the Declaration as set forth herein; and WHEREAS, the amendment set forth in Paragraph 3(A) of this Amendment received sixty-three (63) votes in favor of the amendment and three (3) votes against the amendment; and WHEREAS, the amendment set forth in Paragraph 3(B) of this Amendment received sixty-three (63) votes in favor of the amendment and five (5) votes against the amendment; and WHEREAS, the amendment set forth in Paragraph 3(C) and (D) of this Amendment received sixty-one (61) votes in favor of the amendment and seven (7) votes against the amendment. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt and su ficiency of which is hereby acknowledged, it is agreed as follows: 1. Recitals. The above-mentioned Recitals are hereby incorporated and made a part of this Amendment as if more fully set forth herein. 2. Definitions. Unless otherwise expressly set forth in this Amendment, capitalized terms appearing in this Amendment shall have the meanings ascribed to those terms by the Declaration. 3. Amendments. A) Article III, Section 3.1 of the Declaration is hereby amended with the following Section 3.1. Residential Use. Each Lot shall be used for residential purposes only, and no trade or business of any kind may be carried on therein; provided, however, the lease or rental of a Unit and home o fice activities shall not constitute a violation of this covenant. However, any tenant will be subject to this Declaration and the rules and regulations of the Association, so long as they occupy a Unit. Short-term rental of units is permitted in CALABAY PARC. For purposes of this Section 3.1, a " short-term rental " is defined by Polk County Ordinances as a dwelling unit which is made available more than three (3) times a year for periods of fewer than thirty (30) days or one (1) calendar month at a time, whichever is less, for use, occupancy or possession by the public. Also, for the purposes of this Section 3.1. the performance of home o fice activities. as de fined and limited herein, shall not qualify as use for commercial or business purposes. " Home of fice activities" shall mean an Owner,s, occupant,s or resident,s personal use of his, her or their Unit to conduct a business or business related o fice activities within the Unit: provided. however, that (i) such Owner,s, occupant,s or resident,s business invitees, customers, and clients 2

3 CFN# OR BK PG 1625 Pgs /08/ :34:50 AM are not be permited to meet with the Owner, occupant or resident in the Unit, on the Common Area or on the Property: (ifi such business or business related home ofice activities are not apparent from outside of the Unit, including, bv wav of example and not limitation, the storage of business vehicles, equipment materials or supplies on the Lot outside of the Unit: and (iiit such business or business related home o fice activities are not otherwise a source of annoyance to other Owners, occupants or residents or interfere with the peaceful possession and proper use of other Lots. Units. Common Area anv other portions of the Property bv other Owners. occupants and residents. Anv business or business related activities exceeding the foregoing limitations shall constitute the carrying on of prohibited trade and business activities on the Lot or in the Unit as the case mav be. The Board of Directors may adopt reasonable rules and regulations further clarifying and defining the phrase " home ofice activities." B) Article III, Section 3.6 of the Declaration is hereby amended with the following Section 3.6. Parking. No truck or van, boat, trailer, recreational vehicle, commercial vehicle or other types of non-passenger vehicles, equipment, implements or accessories shall be parked, stored or otherwise kept on any portion of the Property unless the same are fully enclosed within the garage constituting an integral part of a Unit. The term " commercial vehicle " shall include, without limitation, all autos, trucks, vans and other vehicular equipment, which bear signs or shall have printed thereon any reference to a commercial undertaking or enterprise or which are otherwise reasonably obvious as to their intended use. Commercial vehicles in the process of loading or unloading shall not be considered to be "parked" so long as such vehicles shall not be kept on the Property overnight. Further, the Association may promulgate further rules and regulations supplementing, clarifying or fu rther defining the terms, covenants and restrictions in this provision and affecting the parking of any vehicles on the feet Property which appear in the best interests of all Owners?, including, but not limited to. policies and procedures for towing vehicles and the parking on streets within the Property. The Owners provide to the Association the irrevocable right to tow or remove vehicles parked in violation of anv provision of this Declaration, the Association,s governing documents or anv rules or regulations promulgated bv the Association. Regardless of where a vehicle is parked, each Owner irrevocably grants the Association and its designated towing service the right to enter a Lot and tow vehicles from anywhere else on the Property parked in violation of anv provision of this Declaration, the Association,s governing documents or anv rules or regulations promulgated bv the Association. Neither the Association nor the Association>s towing company shall be liable to the Owner of anv Lot or the owner of anv towed vehicle for trespass, conversion or otherwise, or guilty of anv criminal act, bv reason of such towing or removal. Anything contained herein to the contrary notwithstanding, the phrase "truck or van" is not intended to apply to minivans and sport utility vehicles used for domestic purposes and possessing no commercial markings or signage. C) Article 2, Section 2.4, of the Declaration is hereby amended with the following Section 2.4. Easements for Landscape Maintenance-Common Maintenance. There is hereby reserved for the bene fit of the Association, a blanket easement over the Lots for the 3

4 CFN# OR BK PG 1626 Pgs /08/ :34:50 AM purpose of the performance of the services described in Article VI, of this Declaration. The Association, its of ficers, directors, agents, employees and contractors, shall have the right to enter any Lot at any time for the performance of such services, and shall not be liable to any Owner for inconvenience or disturbance occasioned by such entry, subject only to the terms and conditions of Article VI. No agreement on the part of the Association consenting as a waiver or amendment of this easement, nor in any way limit or restrict the rights of the Association to access the Lot for performance of services at any time or times deemed necessary by the Association. (D) Article 6, Section 6.1, of the Declaration is hereby amended with the following Section 6.1. Common Maintenance. CALABAY PARC has been established as a community in which the Association provides certain Landscape Maintenance Services and other services provided for in this Declaration for the residents as part of its normal function in order to create a life-style for the Owners providing freedom from the burden of such maintenance responsibilities and to facilitate the use of the dwelling units as vacation residences. The Association mav pressure wash the walkways, sidewalks and driveways of the Lots in the Property at anv time the Board, in its sole and absolute discretion, deems it necessary and proper: provided, however. Owners are not relieved of their obligation to pressure wash their walkways. sidewalks and driveways on their Lots when necessary in accordance with the Owner*s regular maintenance obligations for the Unit and Lot as set forth in this Declaration. The expense of such maintenance services is included in the Common Expenses of the Association. 4. Effective Pate. This Amendment shall be effective on the date this Amendment is recorded in the Public Records of Polk County, Florida. 5. Construction. To the extent that the terms, covenants and conditions of this Amendment are inconsistent with the terms of the Declaration, the terms, covenants and conditions of this Amendment shall control. In all other respects, the terms, covenants and conditions of the Declaration shall remain in full force and effect and unchanged in any manner. 6. Headings. The paragraph headings have been inserted for convenience and reference only, and shall not be considered or referred to in resolving questions and interpretation or construction. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular, and the masculine, feminine and neuter genders shall each include the others. 7. Severability. Invalidation of any of these covenants or restrictions or any part, clause, or word hereof, or the application thereof in specific circumstances, by judgment or court order, shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. IN WITNESS WHEREOF, the foregoing has been adopted in accordance with the Declaration at a properly noticed Annual Meeting of the Members. 4

5 CFN# OR BK PG 1627 Pgs /08/ :34:50 AM WITNESSES: Print Name: twre- David Hibbert as President of Calabay Pare Homeowners Association, Inc. Print Name: fag <jy, l<t/l COUNTY OF POLK The foregoing instrument was acknowledged before me this day of jvs>t»y\lvf<2017, by David Hibbert as the President of Calabay Pare Homeowners Association, Inc., who is personally known to me or who produced a Driver, s License as identification. Heather Ma rie Gambini NOTARY PUBLIC Comm# GG Expires 9/25/2021 Notary Public vfy Commission Expires: I ÿ 2. \ WITNESSES: Print Name Christine Archer as the Secretary of Calabay Pare Homeowners Association, Inc. Print Name: vca.6g /?H/THLtnt Heather Marie Gambini NOTARY PUBLIC Comm#GG Expires 9/ COUNTY OF POLK The foregoing instrument was acknowledged before me this 2 * day of Kf0Veft y2o17,by Christine Archer as the Secretary of Calabay Pare Homeowners Association, Inc., who is personally known to me or who produced a Driver, s License as identification.

6 CFN# OR BK PG 1628 Pgs /08/ :34:50 AM Notary Public My Commission Expires: , v. 1 6