ASSOCIATION DOCUMENTS
COVENANT HIGHLIGHTS
6.1 Creation of Lien for Assessments.
(a) Assessments, including any increases in same due to interest, late charges,
costs, fines, damages and attorney fees, shall be a charge upon each Lot and a
continuing lien thereon until paid. The lien will become effective from the after
recording a Claim of Lien in the Public Records of Brevard County, Florida,
stating the Lot description, the name of the record Owner, the amount due, and
the due date. The lien will remain in effect until all sums due to the Association
have been fully paid and the Association is hereby authorized to take any and all
actions provided in law or equity to collect such sums. Any payment received by
the Association from that payor shall first be applied to any interest accrued, any
outstanding penalties and costs, reasonable attorney’s fees incurred in
collection, and then to the outstanding assessment. The foregoing shall be
applicable notwithstanding any restrictive endorsement, designation or
instruction placed on or accompanying a payment.
(b) All Lots shall be sold subject to the terms and provisions of the continuing lien
described in this paragraph. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specific Lot have been paid. A
properly executed Certificate of the Association as to the status of assessments
on a Lot is binding upon the Association as of the date of its issuance.
6.3 Violation & Enforcement of Restriction & Covenants
(b) Upon learning of a violation, the Association shall issue the Owner a written notice either by certified mail or posting on the property requesting the Owner to cure the violation and advising the Owner that a fine will begin to accrue if the violation is not cured within 30 days of receipt of the notice. (c) Should the violation not be cured within said 30 days receipt of said written violation, a fine shall automatically begin to accrue and continue until the violation is cured. The amount of the fine at the time of filing this Declaration is $50 per day.
3.11 Animals, Birds and Fowl
No pet shall be allowed to run loose and uncontrolled within the Subdivision. All pets shall be maintained in a quiet and orderly fashion so as not to disturb other Lot Owners.
4.7 Conservation Easement Area
“Conservation Area, or A Conservation Easement Areas” shall mean and refer to all such areas so designated according to the Plat of The Preserve At Lake Washington Subdivision as recorded in Plat Book Page (s) Public Records of Brevard County, Florida.
The Conservation Easement Area shall and are hereby declared to be subject to a Conservation Deed Restriction pursuant to Section 704.06, Florida Statutes, in favor of the U.S. Fish and Wildlife, its successors or assigns, for the purpose of retaining and maintaining the Conservation Easement Area in its natural condition as Scrub Jay Habitat area. Declarant fully warrants title to said Conservation Easement Area, and will warrant and defend the same against the lawful claims of all persons whomsoever. Unless U.S. Fish and Wildlife gives its prior consent, all of following uses of the Conservation Easement area are hereby prohibited and restricted:
(a) The construction or placing of buildings, roads , signs, utilities or any other structures improvements on or above ground; and
(b) The dumping or placing of soil or other substances or materials as landfill, or the dumping or placing of trash, waste, or unsightly or offensive materials; and
(c) The removal or destruction of trees, shrubs, or other vegetation from the Conservation Easement Area: and
(d) The excavation or dredging of any material from the Conservation Easement Area; and
(e) Any use which would be detrimental to the retention of the Conservation Easement Areas in their natural condition; and
(f) Any use which would be detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife preservation; and
(g) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance.
The Conservation Easement Areas hereby created and declared shall be perpetual.
The Developer, its successors and assigns, and the U.S. Fish and Wildlife, and their successors and assigns, shall have the right to enter upon the Conservation Easement Area at all reasonable times and in a reasonable manner, to assure compliance with the aforesaid prohibitions and restrictions.
The Developer and all subsequent owners of any land upon which there is located any Conservation Easement shall be responsible for the periodic removal of trash and other debris that may accumulate on such Easement Parcel.
The prohibitions and restrictions upon the Conservation Easement Areas as set forth in this paragraph may be enforced by U.S. Fish and Wildlife or the Department of Environmental Protection by proceedings at law or in equity including, without limitation, actions for injunctive relief. The provisions in this Conservation Easement Area restriction may not be amended without prior approval from U.S. Fish and Wildlife.
All rights and obligations arising hereunder are appurtenances and covenants running with the land of the Conservation Easement Areas, and shall be binding upon, and shall inure to the benefit of the Developer, and its successors and assigns. Upon conveyance by the Developer to third parties of any land affected hereby, the Developer shall no further liability or responsibility hereunder, provided the deed restriction including the Conservation Areas are properly recorded.
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