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HomeMy WebLinkAbout0485 . ~ . ~ E i ~ . ' i ~ i ; least one lot in BAY COLONY OF STUART . On or before conveyance by ` ~ developer of the last lot v~hich it owns in BAY COLONY OF STUART, developer ~ ± shall convey the streets, road and gatehouse to the BAY COLONY OF STUART 6 i' PROPERTY OWNERS ASSOCIATION, ING., subject oniy to any restrictions, ~ ~ conditions, limitations, reservations and easements of record. ~ ~ ~ ~ 1~ ~ Section 2. Owner's Easements of Enjoyment. Every owner shall have i a right and easement of enjoyment in and to the common area which shall be ? : appurtenant to and shall pass with the titie-to every lot, subject to the foilowing: ~ . i ~ ; A. Rules and regulations governing use and enjoyment of the ' ~ common areas adopted by the Association; and subject to the unlimited and ; unrestricted use .of said streets and roads by the developer . ' „ i~ B. Restrictions contained on any and all plats of all or any part of ~ ;f the streets, roads and gatehouse filed separately with respect to all or part or ; parts of the property . ~ ; ! 111. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION. :i i ;i Section 1. Membership. Every person or entity who is a record fee ; simple owner of a lot, including the developer at all times as tong as it owns all ~ , ~ or any part of the property subject to this Declaration, shall be a member of the ~ i Associatian, provided that any such person or entity who holds such interest only j ~ ~ as security for the performanc~ of an obiigation shall not be a member . Member- ~ 3 ship shali be appurtenant to, and may not be separated from, owne~ship of any = ~ ~ ;y lot which is subject to assessment. ; ~ '1 ~ :i tV. COVENANTS FOR MAINTENANCE ASSESSMENTS ~ Section 1. Creation of the Lien and Personai Obligation. of Assess- ' ~ ments. The developer, for each lot owned by it within BAY COLONY OF STUART, ~ hereby covenants, and each owner of any lot (by acceptance of a deed the~efor, ~ whether or not it shall be so expressed in any such deed or other conveyance) ; ~ including any purchaser at a judicial sale, shall hereafter be deemed to covenant ; ~ and agree to pay to the Association any annuai assessments or charges, and any ~ ~ special assessments for capitai improvements or major repair; such assessments ~ ~ ;j io be fixed, established and collected from time to time as hereinafter provided. - A!! ;u~h 3~~°ssry:~.^.+.s, !^~pther u+~ih itlLPrPC~ thE±rPnn frcxn the ci~~e ciate at the rate F of ten percent (10~) per annum and costs of collection thereof tincluding reason- ~ ~ able attorney's fees) , shall be a charge on the land and shall be a continuing lien ~ 3 upon the lot(s) against which each s~ch assessment is made and shall also be the ; ~ ; ~ ; personal obligation of the owner. No~owner may waive or otherwise escape ~ ~ i ~ ; liability for the assessments provided for herein by non-use of the streets and ~ ! roads or abandonment of the same. ~ ~ ; _ ~ i ~ ;i Section 1. Purpose of Assessments. The annual and special assess- t ~ ~ ments levied by the Association shatl be used exclusively for the purpose of i ~ ~ promoting the recreation, health, safety and welfare of the residents in Bay , ~ ~ ^ _ -z- ~2~4~~ ~ ~ ^ B~Or ~SO P~,~r VVO L M. TAYLOR, UWYERS ~ ;I r, v. oa~~ ~~oii, nuRTM PALM BEACM,~~LA. 33406 • TEL. ~ ~ - - ~ - - . ~ ~ ~ - - - - m'~ ~ ~ ~ ~ ~"a _ ,~'+z~"v ~ ~ -s. X xe ~ 4 ~ s ~ , _