WHEREAS, the Developer wishes to amend certain terms and conditions of the Master Declaration.

Transcription

1 Prepared by and return to: Douglas C, Roland, Esq. Bricklemyer, Smolker & Bolves 500 E. Kennedy Blvd., Suite 200 Tampa, Florida SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SABLE RIDGE WHEREAS, L & L Sable Ridge Associates Limited Partnership was the Developer of the Declaration of Covenants, Conditions and Restrictions for Sable Ridge (the "Master Declaration"); and WHEREAS, L & L Sable Ridge Associates Limited Partnership assigned its interest as Developer to Lumbermen's Investment Corporation in that certain Assignment and Assumption of Developer Rights recorded in Official Records Book 4032, Page 1851, Public Records of Pasco County, Florida; and WHEREAS, the Master Declaration was recorded in Official Record Book 3590, Page 1355 of the Public Records of Pasco County, Florida, supplemental by Supplement Declarations recorded in Official Record Book 3829, Page 1825, Official Record Book 3829, Page 1831 and Official Record Book 4035, Page 1574; and amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Sable Ridge recorded in Official Record Book 4078, Page 1464 of the Public Records of Pasco County, Florida; and WHEREAS, Section 13 of the Master Declaration provides that until Turnover Date, all amendments to the Master Declaration shall be only made by the Developer; and WHEREAS, the Developer wishes to amend certain terms and conditions of the Master Declaration. NOW, THEREFORE, Developer hereby modifies the Master Declaration as follows: I. Paragraph is amended to add the following sentence: "So long as there is a Class B Membership, if any mortgage encumbering any Unit is guaranteed or insured by the United States Department of Housing and Urban Development or by the Veterans Administration, then the following action made by Developer, or made by the Members, must be approved by both agencies: any annexation of additional properties; any merger, consolidation, or dissolution of the Association; any mortgaging of any Common Area; and any amendment to the Articles or the By-Laws. II. The last sentence of Section 2.3 is hereby deleted and replaced by the following:

2 "Notwithstanding anything contained in this Master Declaration to the contrary, the Common Areas or Exclusive Neighborhood Areas shall not be conveyed or mortgaged by the Association without the prior approval of 2/3 of the Members of the Association." III. The fourth paragraph of Section 3.1 is hereby deleted. IV. The following sentence is hereby added to Section "Notwithstanding the foregoing, motorized boating shall be permitted on East Lake." V. Sections and are hereby deleted and replaced by the following: " All amendments or modifications shall by upon vote of 2/3 of the total votes of the members of the Association So long as there is a Class B Membership, if any mortgage encumbering any Unit is guaranteed or insured by the United States Department of Housing and Urban Development or by the Veterans Administration, then the following action made by Developer, or made by the Members, must be approved by both agencies: any annexation of additional properties; any merger, consolidation, or dissolution of the Association; any mortgaging of any Common Area; and any amendment to the Articles or the By-Laws. VI. following: The second sentence of Section 13.7 is hereby deleted and replaced by the "Notwithstanding the limitations set forth in Paragraph 13.5 hereof, the covenants and restrictions herein contained may be enforced by Developer, the Association, a Neighborhood Association, any Owner and any Institutional Mortgagee holding a mortgage on any portion of the Committed Property in any judicial proceeding seeking any remedy recognizable at law or in equity, including damages, injunction or any other form of relief against any person, firm or entity violating or attempting to violate any covenant, restriction or provision hereunder." VII. Attached to this Second Amendment are copies of amendments to the Articles of Incorporation and Bylaws of the Association. VIII. Except as specifically provided herein, all remaining terms and conditions of the Master Declaration shall remain in full force and effect. November 11,

3 IN WITNESS WHEREOF, the Developer has executed this Second Amendment as of the 20th day of November, LUMBERMEN'S INVESTMENT CORPORATION STATE OF FLORIDA ) ) SS COUNTY OF HILLSBOROUGH ) [CORPORATE SEAL] The foregoing instrument was acknowledged before me this 20th day of November, 1998, by Richard Neff as attorney-in-fact for Lumbermen's Investment Corporation, a Delaware corporation, on behalf of the corporation. He is personally known to me. My Commission Expires: November 11,

4 Sable Ridge Homeowner's Association, Inc. has joined in the execution of this Supplemental Declaration this 16th day of October, STATE OF FLORIDA ) )ss COUNTY OF HILLSBOROUGH ) The foregoing instrument was acknowledged before me this 16th day of October, 1998 by Rick Neff as President of Sable Ridge Homeowners' Association, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me. F\DOCS\DCR\DOCS\LIC\SABLE\AMEND1 CCR June 14,

5 ARTICLES OF AMENDMENT OF SABLE RIDGE HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation DR BK 4078 PG 1471 On the 10th day of November, 1998, the members of SABLE RIDGE HOMEOWNERS' ASSOCIATION, INC. (the "Association"), at a special meeting called for the purpose of amending the Articles of Incorporation and the Bylaws of the Association, cast a sufficient number of votes to approve the following amendment: The Articles of Incorporation are hereby amended as follows: I. The second sentence of Article X, Section D. is hereby deleted and replaced by the following: "D. The "Turnover Date" shall be the sooner of the following: 1. Such time as the Members other than the Developer have 75% of the votes of the Association, or; 2. Such date when it is reasonably estimated by the Developer that 75% of the Units will be deeded to the homeowners." II. III. Article XIII, Section A.1. (c)(ii) is hereby deleted. Article XIII, Section D.(i) is hereby deleted. IV. Article XIII is hereby amended to add the following paragraph E: "E. So long as there is a Class B Membership, if any mortgage encumbering any Unit is guaranteed or insured by the United States Department of Housing and Urban Development or by the Veterans Administration, then the following action made by Developer, or made by the Members, must be approved by both agencies: any annexation of additional properties; any merger, consolidation, or dissolution of the Association; any mortgaging of any Common Area; and any amendment to these Articles or the By-Laws."

6 V. The following Article XV is hereby added: ARTICLE XV DISSOLUTION "In the event of dissolution of the corporation, the assets shall be distributed either to a public body or a nonprofit organization with similar purposes as the corporation." IN WITNESS WHEREOF, the Association has executed these Articles of Amendment. STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing Articles of Amendment were acknowledged before me this 20th day of November, 1998, by Richard Neff, as President of Sable Ridge Homeowners' Association, Inc., a Florida not-for-profit corporation, on behalf of the corporation. F:\DOCS\DCR\DOCS\LIC\SABLE\ARTICLES.AM2

7 AMENDMENT TO BYLAWS OF SABLE RIDGE HOMEOWNERS' ASSOCIATION, INC. a Florida not-for-profit corporation On the 1st day of September, 1998, the Board of Directors of SABLE RIDGE HOMEOWNERS' ASSOCIATION, INC. (the "Association"), at a special meeting called for the purpose of amending the Articles of Incorporation and the Bylaws of the Association, cast a sufficient number of votes to approve the following amendments to the Bylaws: I. Section 10.1 is hereby deleted and replaced by the following: "10.1 These Bylaws may be amended by a vote of 2/3 of the votes of the members, pursuant to notice and meeting as provided in these Bylaws." II. The following Section 10.4 is hereby added: "10.4 So long as there is a Class B Membership, if any mortgage encumbering any Unit is guaranteed or insured by the United States Department of Housing and Urban Development or by the Veterans Administration, then the following action made by Developer, or made by the Members, must be approved by both agencies: any annexation of additional properties; any merger, consolidation, or dissolution of the Association; any mortgaging of any Common Area; and any amendment to these Articles or the By-Laws." Executed this 20th day of November, SABLE RIDGE HOMEOWNERS' ASSOCIATION, INC. ITS: President F:\DOCS\DCR\DOCS\LIC\SABLE\BYLAW3 AMD November 11, 1998

8 STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this 20th day of November, 1998, by Richard Neff, as President of Sable Ridge Homeowners' Association, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He is personally known to me or has produced N/A as identification and did take an oath. F:\DOCS\DCR\DOCS\LIC\SABLE\BYLAW3.AMD November 11, 1998