Rules CC&R – Vizcaya

MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR VIZCAYA

TOWNHOMES units on Tivoli Dr. and units on Frescada Ct.

ARTICLE X

RESTRICTIVE COVENANTS

Except as may be otherwise set forth in this Master Declaration, in any Supplemental Declaration, in any agreement with Declarant, or by specific deed restriction imposed by Declarant, the following covenants, conditions, restrictions and reservations shall apply with respect to the Properties subject to this Master Declaration:

Section 1. Compliance with Law. In addition to complying with plans and specifications approved by the ARB, all improvements constructed on a Lot shall be designed and constructed in compliance with all applicable laws, ordinances, codes, regulations and requirements of governmental authorities with jurisdiction over the Properties, including, without limitation, all applicable zoning, building codes, health and fire-safety codes and all requirements related to construction in flood hazard areas.

Section 2. Use of Residential Units. Except as permitted by Section 5 of Article IV, each Residential Unit shall be used for residential purposes only, and no trade or business of any kind may be carried on therein. The use of a portion of a Residential Unit as an office by an Owner or other occupant shall not be considered to be a violation of this covenant if such use is lawful and does not create regular customer, client or employee traffic. Lease or rental of a Residential Unit for residential purposes shall also not be considered to be a violation of this covenant so long as the lease (a) is for not less than the entire dwelling and all the improvements thereon, and (b) is otherwise in compliance with rules and regulations as may be promulgated and published from time to time by Declarant and the ARB. All such leases or rental agreements shall be required to be in writing and, upon request, the Owner shall provide the Declarant and ARB with copies of such lease or rental agreement.

Section 3. Water Wells and Septic Tanks. Subject to the terms of Section 5 of Article IV, no private water wells or septic tanks may be drilled, installed or maintained on the Properties. Shallow well pumps may be authorized by the ARB for air conditioning/heating and lawn and garden irrigation use if tests indicate water is satisfactory.

Section 4. Landscaping. Landscaping on each Lot and Surface Water Management System facilities located on and serving only that Lot shall be continuously maintained in good, aesthetically pleasing condition by the Owner thereof. The Owner of each Lot abutting a body of water or any canal shall maintain the shoreline of said Lot free of debris and weeds consistent with applicable environmental regulations. All landscaped and grassed areas on each Lot shall be watered by means of an automatic underground sprinkler system which shall be employed so as to keep all vegetation in excellent condition. Landscaping as approved by the ARB shall be installed prior to occupancy of the building improvements on each Lot.

Section 5. Obnoxious or Offensive Activity. No obnoxious or offensive activity shall be allowed upon the Properties, nor shall any use or practice be allowed which is a source of annoyance, embarrassment or discomfort to Owners or their tenants or invitees, or which interferes with the peaceful possession and proper use and enjoyment of the Properties, nor shall any improper, unsanitary, unsightly, offensive or unlawful use be made of or condition or activity permitted on any Residential Unit or improvements thereon or of the Common Property or Village Common Property, nor any part thereof, and

ALL LAWS, ZONING ORDINANCES, AND REGULATIONS OF ALL GOVERNMENTAL BODIES HAVING JURISDICTION SHALL BE OBSERVED.

The use, enjoyment and occupancy of the Properties shall be in such a manner so as not to cause or produce any of the following effects discernible outside buildings located thereon or affect the adjoining property or any portion or portions thereof; noise or sound that is objectionable because of its volume, duration, intermittent beat, frequency or shrillness; smoke, noxious, toxic or corrosive fumes or gases; obnoxious odors; dust, dirt or fly ash; unusual tire or explosive hazards; or vibration. Without limiting the generality of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices, except security and fire alarm devices used exclusively for such purposes, shall be located, used, or placed within the Properties, or except as may be permitted by the ARB.

Section 6. Rules and Regulations. Rules and regulations promulgated by the Board as to the use and enjoyment of the Properties shall be observed by the Owners and occupants thereof. Such rules and regulations may involve matters such as but not limited to air conditioning units, signs, mailboxes, temporary structures, noisy mufflers or other nuisances, garbage and trash disposal, clotheslines, parking, vehicle traffic, and the state of repair of vehicles, gutters, pets, game and play structures, swimming pools, telecommunication dishes and antennae, driveways, walkways, sight distance at intersections, garages, fences, sunscreens, blinds and shades. These matters are set out by way of illustration only and shall not be construed to limit the authority of the Board to promulgate and enforce rules and regulations.

Such rules and regulations may supplement or clarify the terms of this Master Declaration, any Supplemental Declaration, or any provision, covenant or restriction contained in either. Copies of such rules and regulations shall be made available to each Owner prior to the time same become effective. Such rules and regulation shall be binding upon the Owners, their families, tenants, guests, invitees, servants, and agents, until and unless any such rule or regulation be specifically overruled, canceled, or modified by the Board or in a regular or special meeting of the Association by the vote of the Owners, in person or by proxy, holding a majority of the votes cast.

Section 7. Animals. No animals, livestock, birds, poultry or reptiles of any kind shall be raised, bred, or kept by any Owner upon any portion of the Properties except for a reasonable number of dogs, cats, birds or other usual and customary household pets kept in dwellings, subject to rules and regulations adopted by the Association, and further provided that such pet or pets are kept or maintained solely as domestic pets and not for any commercial purpose. For purposes hereof, numbers in excess of two (2) of each such type of household pet (other than aquarium-kept tropical fish) shall prima facia be considered unreasonable. No pet shall be allowed to make an unreasonable amount of noise or to become a nuisance. No exterior structure for the care, housing, or confinement of any pet shall be constructed or maintained on any part of the Properties. Upon the written request of any Owner, the Board may conclusively determine, in its sole and absolute discretion, whether, for purposes of this Section 7, a particular pet is a usual and customary household pet or such pet is a nuisance, and the Board shall have the right to require the owner of a particular pet to remove such pet from the Properties if such pet is found to be a nuisance or to be in violation of these restrictions. Each Owner shall be liable to the Association for the cost of repair of any damage to the Common Property or Village Common Property caused by the pet of such Owner or of an occupant of such Owner’s dwelling.

Section 8. Garbage and Trash. No trash, rubbish, debris, garbage or other waste material or refuse shall be placed, stored or permitted to accumulate on any part of the Properties except in covered or sealed sanitary containers. All such sanitary containers must be stored within each building. No trash, rubbish, debris, garbage or other waste material or refuse shall be placed outside for pick-up prior to 7:00 p.m. on the night before such garbage is scheduled to be picked up. Declarant may place common sanitary containers within the condominium and multifamily villages in locations determined by Declarant in its sole discretion.

Section 9. Storage Receptacles. No fuel tanks or similar storage receptacles may be exposed to view, and same may be installed only within an approved accessory building, within a screened area, or buried underground, and shall otherwise comply with standards established from time to time by the Board.

Section 10. Vehicles. Each Owner shall provide for parking of vehicles off street and roads within the Properties. No parking shall be permitted in or along any of the streets in the Properties. There shall be no outside storage or parking upon any portion of the Properties of any mobile home, trailer (either with or without wheels), motor home, tractor, truck (other than personal-use pick-up trucks and sport-utility vehicles), commercial vehicles of any type (including, without limitation, cars or trucks with advertising signs or lettering), camper, motorized camper or trailer, boat or other water craft, boat trailer, motorcycle, motorized go-cart, or any other related forms of transportation devices, except if adequately screened from view or otherwise permitted in writing by the Declarant or the Association. No Owners or other occupants of any portion of the Properties shall repair or restore any vehicle of any kind upon or within a property subject to this Master Declaration except (a) within enclosed garages or workshops, or (b) for emergency repairs, and then only to the extent necessary to enable the movement thereof to a proper repair facility. Violators of the prohibitions contained in this Section 10 shall be subject to having their vehicles towed, at the owner’s expense, by or at the direction of the Association, and to the levy of fines by the Association in such amount as may be determined from time to time by the Board. Additional rules and regulations regarding use, repair and storage of vehicles in the Properties may be promulgated from time to time by the Board.

Section 11. Surface Water Management System. Notwithstanding anything else contained in this Master Declaration, including, without, limitation, any and all rights of direction and control afforded to the Association as may be provided herein (including any ability to delegate maintenance responsibilities to a water management district and/or Special Purpose Taxing Districts), the Association shall be responsible to the Owner of each Lot for: (i) performing any maintenance, repair or replacement activities to be conducted upon the Surface Water Management System pursuant to this Section, (ii) performing said activities in a manner so as to reasonably minimize any interference with the normal and customary use of the Lot, and (iii) promptly repairing and restoring any portion of a Lot which is unreasonably damaged as a result of such maintenance, repair or replacement activities conducted upon the Surface Water Management System. No Member or Owner shall cause or permit any interference with such access and maintenance of the Surface Water Management System by the Association. No Owner shall utilize, in any way, any of the Surface Water Management System, or incorporate any portion of the Surface Water Management System, into the Owner’s development plans, without the express prior written consent of the Association. Further, where an Owner’s Lot is contiguous to the Surface Water Management System, the Owner shall prepare its development plan so that the utilization of its Lot will not adversely affect the Surface Water Management System and so as to be aesthetically compatible with Surface Water Management System. The Association is authorized to delegate any of the Surface Water Management System repair and maintenance responsibilities provided herein to any Village Association; provided, however, that the Association shall be ultimately responsible for the performance of said repair and maintenance responsibilities and, in the event any such Village Association shall fail to perform any of the repair and maintenance responsibilities delegated to it by the Association, the Association shall suffer no interference with its right to access, repair, operate and maintain the Surface Water Management System in accordance herewith. Any modification to the Surface Water Management System may require a modification to District permit # 48-01088-P (“Permit”). A copy of the Permit shall be attached to the Rules and Regulations promulgated by the Board in accordance with Article X, Section 6 herein. The registered agent of the Association shall maintain a copy of the Permit and copies of all further permitting actions for the benefit of the Association.

Section 12. Temporary Structures. No structure of a temporary character shall be placed upon the Properties at any time; provided, however, that this prohibition shall not apply to (i) Declarant’s sales and construction activities, or (ii) shelters or temporary structures used by the contractor during construction of permanent structures (provided such temporary shelters may not, at any time, be used as residences or permitted to remain on the subject property after completion of construction). The provisions of this Section 12 shall not prohibit the erection of temporary structures for social functions as may be permitted by rules and regulations

Section 13. Signs. No signs, advertisements, billboards, solicitation or advertising structures or materials of any kind, including, without limitation, real estate signage, shall be erected, displayed, placed or maintained within any windows, on the exterior of any improvements, or on the grounds of any Residential Unit, unless prior written approval of the ARB is obtained; provided, however, street numbers and name signs on Residential Units shall be permitted without prior written approval. Declarant and/or the Association may, in their sole discretion and upon twenty-four (24) hours prior written notice to Owner at the Residential Unit, enter upon any Lot and remove and destroy any signs which are in violation of this provision. The restrictions of this section shall not apply to Declarant, or to any signs, etc. required by legal proceedings.

Declarant and the Association are hereby released and exculpated of all liability whatsoever arising out of or in connection with the removal of a sign which is in violation of this provision, including, without limitation, liability for trespass and/or theft.

(Section 13 was Amended on October 22, 2001)

Section 14. Air-Conditioning Equipment. No air conditioning equipment which is visible on the exterior of any improvement shall be permitted in the Properties unless approved by the ARB. Approval shall be based upon adequacy of screening and/or landscaping of such equipment. The ARB may prohibit window air conditioning units altogether or impose stricter standards.

Section 15. Drainage Structures. No person (other than Declarant), without the prior written approval of the ARB and the District, shall obstruct, alter or in any way modify the method and/or structures of drainage utilized or now or hereafter installed by Declarant or Association from, on and over any Residential Unit, Common Property, Village Common Property or any Area of Common Responsibility; nor shall any structure be erected, placed or maintained which shall in any way obstruct such drainage devices or facilities or impede their efficient operation.

Section 16. Receiving and Transmitting Devices. No television antenna, radio receiver, satellite receiving dish having a diameter in excess of twenty (20) inches, or other similar device shall be erected, attached to or installed on any portion of the Properties, unless contained entirely within the interior of a building or other structure or screened from view in accordance with architectural or landscaping standards adopted therefore by the ARB, nor shall radio or television signals, nor any other form of electromagnetic radiation, be permitted to originate from any property within the Properties; provided, however, that Declarant and the Association, and their designated licenses, shall not be prohibited from installing equipment necessary for mast antenna, security, cable television, satellite receiving facilities, mobile radio, or other similar systems within the Properties.

Section 17. Solar Panels. No solar panels shall be erected, attached to or installed on any portion of the Properties, without the prior written consent of the ARB, which may be granted or withheld in its sole discretion.

Section 18. Further Subdivision. No part of the Properties shall be further subdivided except as plated without the prior written consent Declarant for so long as Declarant owns any portion of the Properties, and thereafter by the Board.

Section 19. Additional Restrictions. No Owner may impose additional covenants and restrictions on any lands within the Properties beyond those contained in this Declaration without consent of the Declarant for so long as Declarant owns any portion of the Properties or any land which is eligible for annexation to the Properties, and thereafter without consent of the Board. Declarant may impose additional covenants and restrictions on property then owned by Declarant without the consent of any other Owner or the Association. Declarant reserves the right to impose additional covenants, conditions and restrictions on Additional Properties pursuant to the Supplemental Declaration applicable to each such Additional Property.

Section 20. Completion of Construction. After commencement of construction of any improvements in the Properties, the Owner shall diligently prosecute the work thereon, to the end that the improvements shall not remain in a partly finished condition any longer than reasonably necessary for completion thereof. The Owner of the Lot on which improvements are being constructed shall at all times keep public and private streets contiguous to the Lot free from any dirt, mud, garbage, trash or other debris which might be occasioned by construction of the improvements. During construction, the Owner shall require its contractors to maintain the Lot upon which such work is being done in a reasonably clean and uncluttered condition and, to the extent possible, all construction trash and debris shall be kept within refuse containers. Upon completion of construction, the Owner shall cause its contractors to immediately remove all equipment, tools, and construction material and debris from the Lot.

Section 21. Excavation. No clearing or excavation shall be made except in connection with the construction, maintenance or repair of an improvement; and upon completion thereof exposed openings shall be back-filled, and disturbed ground shall be leveled, graded and seeded, as provided on the approved plans for landscaping.

Section 22. Mailboxes. No mailboxes shall be permitted in the Properties unless and until approved by the ARB, and subject to such requirements as may be imposed by the ARB.

Section 23. Clotheslines. No clotheslines shall be permitted in the Properties. No clothing, rugs, or other unsightly or inappropriate item may be hung on any railing, fence, hedge, or wall.

Section 24. Play Structures and Yard Accessories. All yard accessories and play structures, including basketball backboards and any other fixed games, shall be located at the side or rear of the residential structure, or to the rear of the residences on corner Lots, within the setback lines.

Section 25. Trees. Unless located under or within ten (10) feet of a permitted improvement, no Owner, other than Declarant, may cut, remove, or mutilate any trees, shrubs, bushes, or other vegetation having a trunk diameter of six (6) inches or more at a point of four (4) feet above the ground level, or other significant vegetation as designated from time to time by the ARB, without obtaining the prior approval of the ARB; provided, however, that dead or diseased trees or other designated significant vegetation which are inspected and certified as dead or diseased by the ARB shall be removed promptly from any property by the Owner thereof. In the event of conflict between the provisions of this Section 25 and any laws pertaining to cutting and removal of trees and vegetation, the more restrictive of the two shall apply.

Section 26. Sidewalks. There shall be constructed upon each Lot in accordance with the applicable regulations of the governmental agency or agencies with jurisdiction, at the expense of the Owner thereof, a sidewalk in front of the Lot, and on the side if the Lot is a corner Lot, on or before the earlier of completion of construction or occupancy of the dwelling on that Lot.

Section 27. Garages. No garage shall be converted to living area without prior ARB approval.

Section 28. Fences. No fences shall be erected without prior ARB approval. No chain link fences shall be permitted.

Section 29. Lights. The design and location of all exterior lighting fixtures shall be subject to the approval of the ARB. Neither those lighting fixtures nor any other illumination devices, including, but not limited to, holiday lighting displays and ornaments, located anywhere on the structures or grounds of any property shall be located, directed, or of such intensity to affect adversely, in the sole discretion of the ARB, the night-time environment of any adjoining property.

Section 30. Security Systems. In the event that either Declarant or the Association shall install a central security system within the Properties, or in the event Declarant grants to a third-party supplier the right to install same, with the capability of providing security services to each Residential Unit within the Properties, then no Owner shall be entitled to install or maintain any alternative security systems within a dwelling other than security systems which are appurtenant to and connected with such central security system, without obtaining the prior written consent and approval of the Declarant, or the Board.

Section 31. Conservation Easement Area. Notwithstanding anything contained in this Master Declaration to the contrary, in order to comply with District permitting for the Properties, each Owner of a Residential Unit which has frontage on Big Sand Lake, Lake Serene, or Little Sand Lake shall, upon acquiring such Residential Unit, pay the sum of One Thousand and No/100 Dollars ($1,000.00) into a fund in the Association’s name, the purpose of which fund is to provide reasonable assurance for the preservation, remediation and mitigation of impacts to the affected lakes in the event any such Residential Unit Owners or other persons cause damage to the vegetation within the Conservation Easement area lying within any such Residential Unit. In the event of damage to the Conservation Easement area, the Association shall notify the offending Residential Unit Owner in writing of such damage and of the Association’s intent to restore the damaged or destroyed vegetation, at the sole cost and expense of the offending Residential Unit Owner. The Association shall provide a copy of all such correspondence to the District and the District may, in its discretion, send written notification to the Association and such Residential Unit Owner, specifying the District’s proposed remediation and restoration of the affected Conservation Easement area (which proposed remediation and restoration shall be consistent with the Conservation Easement and District permitting). The Association’s correspondence to the Residential Unit Owner shall specify: (a) the nature of the damage and violations to the District permit and Conservation Easement, (b) the required remediation which the Association will be performing, such as a plan to restore the damaged or destroyed vegetation, and (c) the cost required to be paid by the Residential Unit Owner to the Association for such remediation and restoration. The offending Residential Unit Owner shall pay the Association the amount designated in the notice. In the event the Residential Unit Owner fails to pay the Association for the remediation and restoration costs specified in the Association’s notice to the Residential Unit Owner within thirty (30) days of such Residential Unit Owner’s receipt thereof, the Association shall be entitled to levy a fine against the Residential Unit Owner in accordance with the terms of Article XIII of this Master Declaration. The Association shall use its best efforts to remedy, as soon as is reasonably practicable, the damage and cure the violation to the District Permit and Conservation Easement area. In the event the Association fails to complete such remediation and restoration within ninety (90) days from the date the Association notifies the District of the damage, the District may, in its sole discretion, but shall not be required, to draw down the Preservation Letter of Credit in an amount or amounts necessary to restore the damaged or destroyed shoreline vegetation affected by the District permit violation. In the event the Preservation Letter of Credit is drawn upon by the District, the Association shall be entitled to levy a special assessment against the offending Residential Unit Owner in an amount equal to One Hundred and Ten Percent (110%) of the amount drawn, which, when received by the Association, shall be used to replenish the Preservation Letter of Credit, in order that the amount of the Preservation Letter of Credit shall remain not less than Sixty Thousand Five Hundred and No/100 Dollars ($60,500.00). Such special assessment shall accrue interest at the rate of One and One-half Percent (11/2%) per month until paid. The Association shall be entitled to enforce payment of the special assessment (through a lien or otherwise) in accordance with the terms of this Master Declaration. The Preservation Letter of Credit shall remain in effect for a duration equal to the term of the Conservation Easement, or as otherwise required by the District permit conditions. True and complete copies of the Conservation Easement and the District permit conditions are available for examination by all Residential Unit Owners at the office of the Declarant.

Notwithstanding the foregoing, to the extent that there is damage to a portion of the Conservation Easement area which is contiguous to a Lot which is owned by the Declarant, the Association shall be responsible for costs of remediation and restoration related thereto.

The Association and its respective employees, agents, contractors, invitees, licensees, and designees shall at all times have a right and non-exclusive easement of access, ingress and egress over all portions of the Conservation Easement area and any Lot contiguous thereto, for the purpose of performing the obligations of the Association set forth in this Provision 31, including, without limitation, testing, removing any structures placed in the Conservation Easement area, bringing in equipment, and doing any and all acts necessary to maintain, monitor and restore the Conservation Easement area.

Notwithstanding anything contained herein to the contrary, the Association shall be responsible, at its sole cost and expense, for implementing a monitoring and maintenance plan for the perpetual care, maintenance and monitoring of the wetland/enhancement creation areas within the Conservation Easement area, to aid in the establishment of planted material, as well as to ensure the overall success of the plan, pursuant to the Mitigation Plan prepared by Modica & Associates, Inc. attached hereto and incorporated herein by reference as Exhibit “F”. In the event that the Association fails to comply with the Mitigation Plan, the District may, in its sole discretion, but shall not be required to draw upon the Letter of Credit in an amount or amounts necessary to perform the duties of the Association in accordance with the Mitigation Plan.

In the event that the Association shall violate the covenants or restrictions set forth in this Section 31, the Association acknowledges that it shall be lawful for the District to pursue any and all actions it may have in equity or at law against the Association for such violation.

The following restrictions shall apply to the Conservation Easement area:

(a) Prohibited Uses. All Owners of Lots which are contiguous to lakes within the Properties shall be prohibited from conducting the following activities within the Conservation Easement area:

Constructing or placing buildings, roads, signs, billboards, or other advertising, utilities or other structures on or above the ground;
Dumping or placing soil or other substance or material as landfill or dumping or placing trash, waste or unsightly or offensive materials;
Removing, trimming, or destroying trees, shrubs or other vegetation, except as may be permitted in Section 31(b)(3) herein;
Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to affect the surface;
Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition;
Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wildlife habitat preservation, including, but not limited to ditching, diking and fencing;
Acts or uses detrimental to such retention of land or water areas;
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;
Mow the backyard down to the shoreline; and
Build docks, the dimensions of which are larger than those dimensions set forth on Exhibit “G” attached hereto and incorporated herein by reference.

(b) Reserved Rights. Notwithstanding the prohibited uses set forth in Section 31 (a) herein, the following rights shall be reserved in favor of all Owners of Lots which are contiguous to lakes within the Properties, with respect to the use of the Conservation Easement area:

Limited land clearing for the purpose of constructing docks for lake access;
Regular and periodic maintenance within the Conservation Easement area for the purpose of exotic and nuisance plants, species control which is conducive to the improvement and perpetuation of natural conditions;
Periodic, non-motorized, hand trimming of vegetation (excluding trees) upward to a height not in excess of eight feet (8′) from the ground level; and

(c) Signage. The Declarant shall display on all Lots contiguous to the Conservation Easement area, at its sole cost and expense, signage which shall be placed in clear view on the retaining wall contiguous to such Lot, which signage shall contain the following language: “CONSERVATION AREA: DO NOT DISTURB VEGETATION”. Once a Lot is sold by Declarant to a Residential Unit Owner, such Residential Unit Owner shall be responsible for continuously maintaining, repairing and/or replacing the signage required herein on their respective Lot, at their sole cost and expense. The dimensions of the signage shall in no event be smaller than 8 1/2″ x 11″ and the size of the lettering on the signage shall in no event be smaller than one inch (1″) in height.

Section 32. Docks. All Owners of lake front property within the Properties shall have the right, upon receipt of all applicable permit authorizations for dock construction, at their sole cost and expense, to construct one (1) dock on their Lot. The dock shall be placed on a Lot in a manner which shall minimize the impact to the Conservation Easement area and shall terminate at the Sovereign Land Line for the particular lake which the Lot adjoins. The deck of the dock shall be a maximum of five (5′) feet in width. The placement of the deck planks shall be a minimum of 1/2″ apart. The plans for the dock and the placement thereof must conform to the sketch attached hereto and incorporated herein by reference as Exhibit “G” and must be approved in all respects by the Association, in accordance with Article VIII herein.

Section 33. Environmental Swale. There shall be constructed on each Lot within the Properties which has frontage on Big Sand Lake and Lake Serene, an environmental swale (“Environmental Swale”), which shall be located within a ten foot (10′) or fifteen foot (15′) easement, in favor of the Association, which shall be reflected on the recorded plat creating such Lots.

Each Lot Owner shall be responsible for maintaining, repairing and replacing the portion of the Environmental Swale which is located upon his respective Lot in accordance with the approved final engineering plans for the Environmental Swale. The Association shall have the Environmental Swale inspected at least twice per annum. In the event that the Environmental Swale is not maintained by the respective Lot Owner in accordance with the approved final engineering plans, the Association shall notify the offending Lot Owner in writing of such violation and of the Lot Owner’s responsibility to restore the Environmental Swale, at the sole cost and expense of the offending Lot Owner, to the condition approved in the final engineering plans. The Association’s notice to the Lot Owner shall specify: (a) the nature of the damage and violations to the approved final engineering plans; and (b) the required remediation. In the event the Lot Owner has not undertaken remediation within thirty (30) days of the Association’s notice of violation, the Association will restore the Environmental Swale at the sole cost and expense of the offending Lot Owner. The offending Lot Owner shall pay the Association the amount required for such restoration and remediation within thirty (30) days of receipt of an invoice for same. In the event the Lot Owner fails to pay the Association within thirty (30) days of receipt of the invoice, the Association shall be entitled to levy a fine against the Lot Owner in accordance with the terms of Article XIII of this Master Declaration. The Association shall be entitled to enforce payment of the special assessment (through a lien or otherwise) in accordance with the terms of this Master Declaration. True and correct copies of the final engineering plans for the Environmental Swale are available for examination by all Lot Owners at the office of the Declarant.

The Association and its respective employees, agents, contractors, invitees, licensees, and designees shall at all times have a right and non-exclusive easement of access, ingress and egress over all portions of the Lots within the Properties upon which the Environmental Swale is located and any Lot contiguous thereto, for the purpose of performing the obligations of the Association set forth in this Provision 33, and doing any and all acts necessary to monitor and inspect the Environmental Swale.

Section 34. Retaining Wall. There shall be constructed on each Lot within the Properties which has frontage on Big Sand Lake and the Detention Tract adjacent thereto, a retaining wall (“Retaining Wall”), which shall be located within a five foot easement, in favor of the Association, which shall be reflected on the recorded plat creating such Lots.

The Association shall be responsible for maintaining, repairing and replacing the Retaining Wall in accordance with the approved final engineering plans for the Retaining Wall. The Association and its respective employees, agents, contractors, invitees, licensees, and designees shall at all times have a right and non-exclusive easement of access, ingress and egress over all portions of the Lots within the Properties upon which the Retaining Wall is located and any Lot contiguous thereto, for the purpose of performing the obligations of the Association set forth in this Provision 34, and doing any and all acts necessary to monitor and inspect the Retaining Wall.

ARTICLE XV

ENFORCEMENT

Section 1. Remedies. If any person or entity shall violate or attempt to violate any or these covenants or restrictions, it shall be lawful for Declarant, any Owner or the Association (a) to prosecute proceedings for the recovery of damages against those so violating or attempting to violate any such covenant or restriction, or (b) to maintain a proceeding in any court of competent jurisdiction against those so violating or attempting to violate any such covenant or restriction, for the purpose of preventing, or enjoining all or any such violations or attempted violations. The remedies contained in this provision shall be construed as cumulative of all other remedies now or hereafter provided by law or this Master Declaration. The failure of Declarant, its successors or assigns, or the Association or an Owner, to enforce any covenant or restriction or any obligation, right, power, privilege, authority or reservation herein contained, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation thereof occurring prior to or subsequent thereto. Should Declarant or the Association employ legal counsel to enforce any of the foregoing, all costs incurred in such enforcement, including court costs and reasonable attorneys’ fees, shall be paid by the prevailing party. Inasmuch as the enforcement of the provisions of this Declaration, the Bylaws, and the rules and regulations of the Association are essential for the effectuation of the general plan of development contemplated hereby and for the protection of present and future Owners, it is hereby declared that any breach thereof may not adequately be compensated by recovery of damages, and that Declarant, the Association, or any aggrieved Owner, in addition to all other remedies, may require and shall be entitled to the remedy of injunction to restrain any such violation or breach or any threatened violation or breach. No right of action shall accrue nor shall any action be brought or maintained by anyone whatsoever against Declarant or the Association for or on account of any failure to bring any action on account of any violation or breach, of the provisions of this Declaration, the Bylaws, or any rules and regulations of the Association by any person, however long continued.

Section 2. Lessees to Comply with Declaration, Articles and Bylaws – Effect on Non-Compliance.

ALL TENANTS SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THIS MASTER DECLARATION, THE BYLAWS, THE ARTICLES OF INCORPORATION, AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER AS THOUGH SUCH TENANT WERE AN OWNER.

Each Owner agrees to cause his lessee, occupant, or persons living with such Owner or with his lessee to comply with the Master Declaration, Bylaws, Articles and the rules and regulations promulgated thereunder, and is responsible and liable for all violations and losses caused by such tenants or occupants, notwithstanding the fact that such occupants of the Residential Unit are also fully liable for any violation of the documents and regulations. In the event that a lessee, occupant, or person living with the lessee violates a provision of the Master Declaration, Bylaws, Articles or rules and regulations, the Board shall have the power to bring an action or suit against the lessee to recover sums due for damages or injunctive relief, or for any other remedy available at law or equity.

ARTICLE XIII

COVENANTS COMMITTEE

Section 1. Committee. The Board shall appoint a Covenants Committee consisting of at least three (3) and no more than seven (7) members. Acting in accordance with the provisions of this Master Declaration, the Bylaws, and any resolutions the Board may adopt, the Covenants Committee shall be the hearing tribunal of the Association relative to alleged infractions of this Declaration, the Bylaws, and the rules and regulations of the Association. Subject to compliance with the provisions of Section 2 hereof, upon the violation of this Declaration, the Bylaws, or any rules and regulations duly adopted hereunder, the Board shall have the power

(i) to impose reasonable monetary fines (not exceeding One Hundred and No/100 Dollars ($100.00) per day for each day that the violation continues and not exceeding $10,000.00 in the aggregate per violation) which shall constitute an equitable charge and a continuing lien upon the Residential Unit, the Owners, occupants, or guests of which are guilty of such violation,

(Section 1 (i) Amended on October 22, 2001)

(ii) to suspend an Owner’s right (and the right of such Owner’s family, guests, and tenants and of the co-Owners of such Owner and their respective families, guests, and tenants) to use any of the Common Property and Village Common Property, or

(iii) to impose all or any combination of these sanctions. An Owner shall be subject to the foregoing sanctions in the event of such a violation by such Owner, his family, guests, or tenants or by his co-Owners or the family, guests, or tenants of his co-Owners. Notwithstanding anything herein, however, an Owner’s access to its property over private roads and streets constituting Common Property or Village Common Property, if any, will not be terminated hereunder. Any suspension of rights hereunder may be for the duration of the infraction and for any additional period thereafter, not to exceed thirty (30) days.

Section 2. Hearing Procedure. The Board shall not impose a fine, suspend voting, or infringe upon any other rights of a Member or other occupant of the Properties for violations of this Declaration, the Bylaws, or the rules and regulations unless and until the following procedure is followed:

(a) Demand to Cease and Desist. Written demand to cease and desist from an alleged violation shall be served upon the alleged violator specifying:

(i) the alleged violation;

(ii) the action required to abate the violation; and

(iii) a time period of not less than ten (10) days, during which the violation may be abated without further sanction, if such violation is a continuing one, or if the violation is not a continuing one, a statement that any further violation of the same provision of this Declaration, the Bylaws, or rules and regulations of the Association may result in the imposition of sanctions after notice and hearing.

(b) Notices. At any time within twelve (12) months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty, or if the same rule is subsequently violated, the Board or its delegate shall serve the violator with written notice of a hearing to be held by the Covenants Committee in executive session. The notice shall contain:

(i) the nature of the alleged violation;

(ii) the time and place of the hearing, which time shall not be less than fourteen (14) days from the giving of the notice;

(iii) an invitation to attend the hearing and produce a statement, evidence, and witness on his behalf; and

(iv) the proposed sanction to be imposed.

(c) Hearing. The hearing shall be held by the Covenants Committee in executive session pursuant to the notice and the Member shall be provided a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice, and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. No sanction shall be imposed under this Article XIII unless approved by a majority of the Covenants Committee. This Article XIII shall not apply to failures to pay in a timely manner assessments levied by the Association or any Village Association.

ARTICLE VIII
ARCHITECTURAL CONTROL

Section 1. Architectural Control. Except as otherwise expressly provided in this Master Declaration, all lands and improvements in the Properties are subject to architectural and environmental review. This review shall be in accordance with this Article VIII and the Planning Criteria described below. No site work, landscaping, utilities extensions, drainage improvements, paving, parking areas, construction, fence, wall or any other physical or structural improvement, (including without limitation, the construction or installation of sidewalks, driveways, parking lots, mail boxes, decks, docks, patios, courtyards, greenhouses, awnings, walls, fences, exterior lights, garages, guest or servants’ quarters, or other outbuildings, screened enclosures, television or radio antennae, satellite receiving dishes and equipment, swimming pools, tennis courts, playhouses, swing sets, basketball courts, standards and/or backboards or any other recreational devices or equipment) nor shall any exterior addition to or change or alteration to the exterior of any existing structure or improvement be made (including, without limitation, painting or staining of any exterior surface) or change or alteration to the exterior of any existing structures or improvements, or to any existing landscaping, shall be commenced, erected or maintained unless and until the plans or specifications showing the nature, size, workmanship, design, signs, shape, finished grade elevation, height, materials and color of the same, together with a detailed landscape plan and a plot plan showing the location relative to boundaries and adjacent improvements of such proposed improvements or changes, shall have been submitted to and approved in writing by the Architectural Review Board (“ARB”) as to consistency with the Vizcaya Planning, Construction and Development Criteria (“Planning Criteria”), harmony of exterior design and materials and location in relation to surrounding structures, and as to drainage features and topography. Nothing herein contained shall be deemed to limit the right of an Owner to finish or alter the interior of that Owner’s improvements as that Owner deems appropriate or desirable.

Section 2. ARB. The ARB shall promulgate and revise from time to time the Planning Criteria for the Properties which shall, at a minimum, be consistent with the regulations of any governmental agency with jurisdiction to regulate the planning, construction and development of the Properties. The Planning Criteria shall be set forth in writing and made available to all builders doing business in the Properties, and to all Owners and prospective Owners. The Planning Criteria may include any and all matters considered appropriate by the ARB not inconsistent with the provisions of this Master Declaration, including, without limitation, minimum square footage requirements for Residential Units, construction deposits in amounts required by ARB to ensure repair and replacement of damage resulting from construction activities, and fines for violations of the Planning Criteria on the terms of this Article VIII. Different Planning Criteria may be adopted and enforced for improvements in different portions of the Properties. So long as Declarant owns any lands subject to this Master Declaration or eligible for annexation to this Master Declaration, Declarant shall be entitled to appoint all members of the ARB. Thereafter, the membership of the ARB shall be determined by the Board. The ARB shall consist of no less than three (3) members, none of whom shall be required to be Owners or occupants of the Properties. Declarant may at any time assign in writing its powers of removal or appointment to any entity or person, subject to such terms and conditions as Declarant may choose to impose. A majority of the members of the ARB shall constitute a quorum for transacting business, and the concurrence of a majority of the members of the ARB shall be required for any decision of the ARB. The conclusion and opinion of the ARB shall be binding. The ARB shall have the sole discretion to determine whether plans and specifications submitted for approval are acceptable to the Association. If in its opinion, for any reason, including purely aesthetic reasons, the ARB should determine that any proposed improvement, alteration, etc. is not consistent with the Planning Criteria, such alteration or improvement shall not be made.

Section 3. Approval or Disapproval. Unless waived by the ARB, all plans and specifications shall be prepared by a Florida licensed or certified architect or engineer, said person to be employed by and at the expense of the Owner making the application. Approval of the plans and specifications may be withheld not only because of noncompliance with any of the specific conditions, covenants and restrictions contained in this Master Declaration, but also by virtue of the reasonable dissatisfaction of the ARB with the location of the structure on the lot, the elevation, the color scheme, the finish, design, proportions, architecture, drainage plan, shape, height, style and appropriateness of the proposed structures or altered structures, the materials used therein, the planting, landscaping, size, height or location of vegetation on the property, or because of its reasonable dissatisfaction with any or all other matters or things which, in the reasonable judgment of the ARB, will render the proposed item of improvement inharmonious or out of keeping with the Planning Criteria. Two (2) sets of plans, specifications and plot plans shall be submitted to the ARB by the Owner prior to applying for a building permit. The Owner shall obtain a written receipt for the plans and specifications from a member of the ARB. Plans and re-submittals thereof shall be approved or disapproved within thirty (30) days after receipt by the ARB. Failure of the ARB to respond in writing to a submittal or re-submittal of plans within such period shall be deemed to be an approval of the plans as submitted or re-submitted. The ARB approval or disapproval, as required by this Master Declaration, shall be in writing and shall accompany one (1) set of plans to be returned to the Owner. Whenever the ARB disapproves plans and specifications, the disapproval shall be accompanied by a written outline of the reason or reasons for such disapproval. The remaining set of plans shall become property of the ARB. The ARB shall establish fees sufficient to cover the expenses of reviewing plans and related data and to compensate any consulting architects, landscape architects, engineers, urban designers, inspectors, or attorneys retained in accordance with the terms hereof. The fee initially established for such review shall be Two Hundred Fifty and No/I 00 Dollars ($250.00) for each submission, and the ARB shall have the right to increase or decrease this amount from time to time.

Section 4. Violations. The work approved must be performed strictly in accordance with the plans, specifications and plot plans, as submitted and approved. If after such plans and specifications have been approved, the improvements are altered, erected, or maintained upon the property otherwise than as approved by the ARB, such alteration, erection and maintenance shall be deemed to have been undertaken without the approval of the ARB having been obtained as required by this Master Declaration. Following approval of any plans and specifications by the ARB, representatives of the ARB shall have the right during reasonable hours to enter upon and inspect any property or improvements with respect to which construction is underway within the Properties to determine whether or not the plans and specifications thereof have been approved and are being complied with. After the expiration of one (1) year from the date of completion of any improvement, addition or alteration, said improvement shall, in favor of purchasers and encumbrances in good faith and for value, be deemed to comply with all of the provisions hereof unless a notice of such noncompliance executed by any member of the ARB shall appear of record in the office of the Clerk of the Circuit Court of Orange County, Florida, or legal proceedings shall have been instituted to enforce compliance with these provisions. Upon approval of the ARB, it shall be conclusively presumed that the location and exterior configuration of any building, structure or other improvement placed or constructed in accordance with the approved plans and specifications does not violate the provisions of this Master Declaration. The approval of the ARB of any plans or specifications submitted for approval as herein specified shall not be deemed to be a waiver by the ARB of its rights to object to any of the features or elements embodied in such plans or specifications if or when the same features or elements are embodied in any subsequent plans or specifications submitted.

Section 5. Variances. The ARB may authorize variances from compliance with any of the architectural provisions of this Master Declaration or the Planning Criteria, including without limitation restrictions upon height, size or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and must be signed by at least two (2) members of the ARB and shall be effective upon delivery to the Owner. If such variances are granted, no violation of this Master Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Master Declaration or the Planning Criteria for any purpose except as to the particular Residential Unit and the particular provision covered by the variance, nor shall it affect in any way the Owner’s obligation to comply with all governmental laws and regulations affecting the use of the Owner’s Residential Unit, including but not limited to zoning ordinances and setback requirements imposed by Orange County.

Section 6. Waiver of Liability. Neither Declarant, the ARB, any member of the ARB, or the Association, or any of their representatives shall be liable in damages to anyone submitting plans for approval or to any Owner or occupant of the Properties by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval of any plans, or the failure to approve any plans. Every person who submits plans for approval agrees, by submission of such plan, and every Owner or occupant of any Residential Unit agrees, by acquiring title thereto or an interest therein, that it will not bring any action, proceeding or suit to recover any such damages. Approval of any building plans, specifications, site or landscape plans or elevations, or any other approvals or consents pursuant hereto or otherwise is given solely to protect the aesthetics of the Properties and shall not be deemed a warranty, representation or covenant that such buildings, improvements, landscaping or other action taken pursuant thereto or in reliance thereof complies with, or is not in violation of, any applicable laws, ordinances, requirements, codes, rules or regulations. No approval of plans and specifications and no publication of architectural standards shall be construed as representing or implying that such plans, specifications, or standards will, if followed, result in properly designed improvements. Such approvals and standards shall in no event be construed as representing or guaranteeing that any improvement built in accordance therewith will be built in a lawful, safe, good and workmanlike manner. Declarant, the ARB, or any agent or consultant thereof, shall not be responsible in any way for any defects in any plan or specifications submitted, revised or approved in accordance with the requirements of the ARB, or for any structural or other defect in any work done according to such plans and specifications.

Section 7. Enforcement of Planning Criteria. Declarant and the Board shall have the standing and authority on behalf of the Association to enforce in courts of competent jurisdiction the Planning Criteria and the decisions of the ARB and they shall have all remedies available at law and in equity, including without limitation action to enjoin further construction and to require the removal or correction of any work in place which does not comply with approved plans and specifications. Should Declarant or the Association be required to enforce the provisions hereof by legal action, the reasonable attorney’s fees and costs incurred, whether or not judicial proceedings are instituted, shall be collectible from the violating Owner. In addition, should any Owner fail to comply with the requirements hereof after thirty (30) days written notice, Declarant and the Association shall have the right to enter upon the Owner’s property, make such corrections or modifications as are necessary, or remove anything in violation of the provisions hereof or the Planning Criteria, and charge the cost thereof to the Owner. Declarant and the Association, or their agents or employees, shall not be liable to the Owner or to any occupant or invitee of any Lot for any trespass or damages or injury to the property or person unless caused by negligence or intentional wrongdoing.

Section 8. Term of Approval. Approval by the ARB shall be effective for a period of one (1) year from the date the approval is given, or one (1) year from the expiration of the thirty (30) day period specified in Section 3 hereof where approval is not expressly granted or denied. If construction has not commenced within the said one (1) year period, the approval shall have expired and no construction shall thereafter commence without written renewal of such prior approval.

Section 9. Exempt Property. The provisions of this Article VIII of this Master Declaration shall not apply to any property owned by Declarant. Accordingly, the design, construction, installation and placement of any buildings, landscaping, parking and other improvements on any property owned by Declarant shall be exempt from compliance with the provisions of this Article VIII.

TOWNHOMES
Units on Tivoli Dr. and Frescada Ct

FIRST SUPPLEMENT TO MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VIZCAYA.

2) Designation of the Townhouse Property as a Separate Village.

2.1 Designation of Village. The Townhouse Property described on Exhibit “A” attached hereto and incorporated herein by reference is hereby designated as a Village, as defined in the Master Declaration (hereinafter the “Townhouse Village”). Declarant elects not to establish a Village Association for the Townhouse Village at this time; provided, however, Declarant reserves the right, but is under no obligation, to do so in the future as provided in the Master Declaration.

2.2 Maintenance Responsibilities. Pursuant to the authority granted in Article III, Section 5 of the Master Declaration, the Association shall be responsible for performing, or causing to be performed, on behalf of the Owners of the Residential Units located within the Townhouse Village, the following:

(a) maintenance, including mowing, fertilizing, watering, insect control, pruning and replacement as necessary, of all lawns and landscaping installed as part of the initial construction of the Residential Units and any necessary replacements thereof (except landscaping within any enclosed courtyard, patio, fenced or other area not readily accessible from outside the dwelling);

(b) maintenance of the following exterior portions of any improvements constructed on any Residential Unit:

(i) painting of all exterior portions of any garages, garage doors, townhomes, exterior doors, shutters, facia and fences along Lot boundaries (“Boundary Fences”);

(ii) caulking of the exterior portions of all exterior windows and doors;

(iii) repair and/or replacement, as necessary, of the roof of any townhouse or garage, including any exterior porch roof originally constructed with the townhouse;

(iv) pressure cleaning of front sidewalks, exterior front steps and the exterior walls of all townhouses and garages;

(d) maintenance of the irrigation system serving those portions of the Lot which the Association is obligated to water, as set forth in the Master Declaration, which areas may be irrigated through a master system and controllers operated by the Association;

(e) termite treatment of exterior structural walls and foundations of the townhomes and garages; provided that the Association will not be liable if such treatment proves to be ineffective;

(f) the Association will repair or replace any damaged garage doors and exterior door hardware (but not garage door openers), and broken exterior doors and door hardware on any townhome; provided that the cost of such repairs/replacements shall be billed solely to the owner of the affected Residential Unit and not to the entire Townhouse Village;

(g) the Association shall not be responsible for any maintenance or repairs to any windows (except caulking), any wood decks, anything contained within any townhome or garage, and any improvements or modifications added or made to any improvements after the conveyance of the Lot to the first owner following construction of a townhouse thereon.

2.3 Costs and Expenses. All costs and expenses incurred by the Association in providing the services set forth in Section 2.2 above shall be assessed as a Village Assessment only against the Residential Units within the Townhouse Village and shall be divided among and billed equally to the owners of all Residential Units within the Townhouse Village, in accordance with the Townhouse Village budget adopted annually by the Association for the Townhouse Village, which amounts may be billed on such frequency as the Association elects.

3) Budgeting and Allocating Townhouse Village Expenses. It shall be the duty of the Board, by majority vote, at least forty-five (45) days prior to the end of the Association’s fiscal year, to prepare a separate budget covering the estimated Townhouse Village Expenses for the Townhouse Village. The Board shall be entitled to set such budget only to the extent that this Master Declaration, any Supplemental Declaration, or the By-Laws specifically authorize the Board to assess certain costs as a Village Assessment. The Townhouse Village may request, through the Village Committee, if any, or by petition of Owners of at least a majority of the total Residential Units within the Townhouse Village, that additional services or a higher level of services be provided by the Association, and in such case, any additional costs shall be added to such budget. Such budget shall include a capital contribution establishing a reserve fund for repair and replacement of capital items maintained as a Townhouse Village Expense, if any, within the Townhouse Village.

The Association is hereby authorized to levy Village Assessments equally against all Residential Units in the Townhouse Village which are subject to assessment under Section 2.3 to fund Village Expenses; provided, if so specified in the Supplemental Declaration applicable to such Village or if so directed by petition signed by a majority of the Owners within the Village, any portion of the assessment intended for exterior maintenance of structures, insurance on structures, or replacement reserves which pertain to particular structures shall be levied on each of the benefited Residential Units in proportion to the benefit received.

The Board shall cause a copy of such budget and notice of the amount of the Village Assessment for the coming year to be delivered to each Owner of a Residential Unit in the Townhouse Village at least 30 days prior to the beginning of the fiscal year. Such budget and assessment shall become effective unless disapproved by a majority of the Owners of Residential Units in the Townhouse Village. There shall be no obligation to call a meeting for the purpose of considering the budget except on petition of Owners of at least 10% of all Residential Units in the Townhouse Village, which petition must be submitted to the Board within 10 days after delivery of the notice of assessments. This right to disapprove shall only apply to those items in the Townhouse Village budget which are attributable to services requested by the Townhouse Village.

If the proposed budget for the Townhouse Village is disapproved or if the Board fails for any reason to determine the budget for any year, then until such time as a budget is determined, the budget in effect for the immediately preceding year shall continue for the current year.

The Association shall include such assessment in its annual billing of Owners with Residential Units within the Townhouse Village and shall be responsible for collecting all assessments.

4) Budgeting for Reserves. The Board shall annually prepare reserve budgets for the Townhouse Village which take into account the number and nature of replaceable assets maintained as a Village Expense, the expected life of each asset, and the expected repair or replacement cost. The Board shall set the required capital contribution in an amount sufficient to permit meeting the projected needs of the Association, as shown on the budget, with respect both to amount and timing by annual Village Assessments over the budget period.

5) Special Village Assessments. In addition to other authorized assessments, the Association may levy Special Village Assessments from time to time to cover unbudgeted expenses or expenses in excess of those budgeted in the Townhouse Village budget. Any such Special Village Assessment may be levied against Residential Units within the Townhouse Village if such Special Village Assessment is for Village Expenses.

Except as otherwise specifically provided in the Master Declaration, any Special Village Assessment which would exceed 20% of the annual budget for the year immediately preceding that in which the Special Village Assessment is approved shall require the affirmative vote or written consent of Owners representing at least 51% of the total votes allocated to Residential Units which will be subject to such Special Village Assessment, and the affirmative vote or written consent of the Class “B” Member, if such exists. Special Village Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Village Assessment is approved.

The Association shall be responsible for sending notices of such assessments to the Owners of such Residential Units and collecting such assessments.

6) Authority to Assess Owners; Time of Payment. The Association is hereby authorized to levy Village Assessments and Special Village Assessments against each Residential Unit in the Townhouse Village as provided for in the Master Declaration and the By-Laws. The obligation to pay Village Assessments shall commence as to each Residential Unit on the first day of the month following: (a) the month in which the Residential Unit is made subject to this Master Declaration, or (b) the month in which the Board first determines a budget and levies assessments pursuant to this Article, whichever is later. The first annual Village Assessment, if any, levied on each Residential Unit shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Residential Unit.

All Village Assessments shall be levied and collected by the Association. Village Assessments shall be paid in such manner and on such dates as the Association may establish. If the Association so elects, assessments may be paid in two or more installments. Unless the Association otherwise provides, the Village Assessments shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any Village Assessments or other charges levied on his Residential Unit, the Association may require any unpaid installments of all outstanding assessments to be paid in full immediately.

IN WITNESS WHEREOF, the duly authorized officer of the undersigned Declarant has executed this First Supplement to Master Declaration of Covenants, Conditions and Restrictions for Vizcaya this 14 day of March, 2001. (View complete Vizcaya Master First Supplement to Master Declaration)

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