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Pelican Harbor Mobile Home Estates (AKA Pelican Harbor Village) 6720 Riverside Drive Punta Gorda, Florida, 33982

Pelican Harbor Civic Association, Inc.

Governing Documents

A Resident Owned 55+ Deed Restricted Community


Pelican Harbor Civic Association, Inc. And

Pelican Harbor Mobile Home Estates (aka Pelican Harbor Village)

Table of Contents LEFT Folder Jacket Pocket: Pelican Harbor Civic Association Membership Roster

RIGHT Folder Jacket Pocket Cover Page

r--

Brief History P.H. Civic Association, Inc P.H. Mobile Home Estates

Air Photo OfPelican Harbor Mobile Home Estates dated November 2007 Evolution ofP.H. Civic Association, Inc. Corporate Documents Evolution

GOVERNING DOCUMENTS Certificate of Amendment* Deed Restrictions - Declaration of Covenants, Conditions and Restrictions* Exhibit "A"

Subdivision Plat

Exhibit "B"

Intentionally left blank

E Xhibi 1 It "C"

A SSOCIatlOn .. A路rtic Ies 0 f Incorporation .

E X hibi 1 It "D"

A SSOCIatlOn .. B yaws I

*

*

Association Rules and Regulations

*Note: These restated/amended documents replace all previous Governing Documents, were approved by the membership, signed, notarized and recorded with the Charlotte County Clerk of the Circuit Court OR

Book 3347, pages 606-649.


Pelican Harbor Civic Association Inc.

Evolution (intended as a brief synopsis of what has evolved) In June of 1974 Pelican Harbor Civic Association, Inc. (the Association) was incorporated as a non profit corporation for "charitable and philanthropic purposes". The Association became the liaison between the lot ownerslresidents and the owners/managers of Pelican Harbor common areas. The Association had no significant assets. The Association Articles ofIncorporation stated (in part) that upon dissolution, all assets remaining after payment of all costs and expenses of such dissolution shall be distributed to either charitable organizations or to State or local government bodies for public purposes. In January of 1982, "119 Properties Corp" assigned responsibility for managing Pelican Harbor to the Association. On April 30, 1997, Pelican Harbor Civic Association, Inc. purchased the common areas, the remaining unsold lots, the "Declaration and Restrictive Covenants" and the "long term lease". Not all parcel (lot) owners participated in this purchase and those that did became the "owner/members" of the Association. Membership Certificates were issued to the membership. Since 1997 all remaining non member parcel (lot) owners have joined the Association and contributed to the purchase of the common areas, etc. Each parcel owner/member pays a "Maintenance Fee" to the Association to pay the operating expenses and budget items approved each year at the Association Annual Meeting. Now, ALL parcel (lot) owners are members of the Association (ALL parcel owners have been issued a Membership Certificate). When a member sells their parcel (lot), the purchaser, subject to qualification by the Association, becomes a member of the Association at closing and the seller of that parcel (lot) is no longer a member of the Association. By definition, the owner of a parcel in Pelican Harbor mobile home estates as recorded in Charlotte County, Florida Records, is a Member of the Association. In 2008, the "Declaration of Covenants, Conditions and Restrictions" of Pec1ican Harbor Mobile Home Estates and the Pelican Harbor Civic Association, Inc. "Articles of Incorporation", and Bylaws" were restated/amended in total and approved by the membership. These restated/amended documents replace all previous Governing Documents and were recorded on December 24th, 2008 with the Charlotte County Clerkofthe Circuit Court OR Book 3347, pages 606-649. In addition, State.

the restated/amended

"Articles of Incorporation" were filed with the Florida Secretary of


Pelican Harbor Mobile Home Estates,

Corporate Documents Evolution (intended as a brief synopsis of what has evolved) Pelican Harbor Mobile Home Estates was developed in 1971 by Vern and Ann Bapst. The initial "Declaration of Restrictions" was recorded on March 12, 1971 and provided that title to the private roads, common areas, recreation areas and waterways is vested in the grantor (Bapst). Paragraph 25 states that every lot owner agrees to pay an annual fee for water, sewer, garbage, recreation area use and maintenance and canal maintenance. Other Paragraphs and the plat deal with easements, use restrictions, development requirements and other limitations. In December of 1971 Bapst sold to Viking General Corporation who took over development and a revised "Declaration of Restrictions" was recorded. 16 lots sold prior to this change were are not subject to the revised deed restrictions and are known as the Excluded or "grand fathered" lots. These are lots 10,19, 21, 29,33,34,49,50,75,85,87,88,92,94,100 and 101. After several manipulations (I call it a shell game), title to Pelican Harbor (vacant) lots went to Viking Mobile Homes, Inc. for sale to the public. Title to the common areas (roads and waterways and Tracts A, B and C) went to Viking Real Estate Corporation. Management of Pelican Harbor and the common areas was provided by "119 Properties Corp." An outcome of these reorganizations, was the "Lease Management Agreement". The Deed Restrictions were amended to acknowledge the "Long Term Lease" and a "Management Agreement" covering the common areas. Owners of lots in Pelican Harbor therefore were bound by deed restrictions and committed to both a "Long Term Lease" and a "Management Agreement" on the common areas. The Long Term Lease and the Management Agreement are the basis upon which Pelican Harbor has been managed and is managed today. At some point names changed again and Communities Financial Corporation (f/k/a Viking Communities Corp.) held the rights to the common property and the rights to the long term lease. Management of Pelican Harbor still involved "119 Properties Corp". In June of 1974 Pelican Harbor Civic Association, Inc. was incorporated and became the liaison between the lot owners/residents and the owners of Pelican Harbor common areas and the management company running the park. The Articles of Incorporation for the Association states amongst other items that it is a "non profit corporation" and that upon dissolution, all proceeds are to go to charitable organization. The Association had no assets at that time. In January of 1982, "119 Properties Corp" assigned responsibility for managing Pelican Harbor to Pelican Harbor Civic Association, Inc. In August of 1983 Bella Properties, Inc. purchased the common areas and the remaining 16 unsold lots from Communities Financial Corporation including the rights to the "long term lease." The Association made amendments to the Declaration without the consent of Bella Properties. These amendments need to now be ratified by a majority of the existing membership to be enforceable. For example: In April of 1986 an amendment was made to the Declaration of Restrictions designating Pelican Harbor as .an "adults only" park. In April of 1987 the Declaration of Restrictions was amended to prohibit the use of skate boards on common and others private property.


In March of 1989 the Declaration of Restrictions was amended to limit residency to persons over the age of 55. (spouse must be at least age 50, etc.)

. Other changes to the governing documents have been made over the years. The above items wtÂŤ be included in the revised corporate documents to be ratified by the membership. In November of 1993 the Lease Agreement was ratified by both the Bella Properties and a majority of the Association and included as an amendment to the Declaration. On April 30, 1997, Pelican Harbor Civic Association purchased from Bella Properties, Inc. the common areas and remaining unsold lots from Communities Financial Corporation and the "long term lease". Simply stated, the purchase of the Pelican Harbor from Bella Properties was financed in part by Association assets and with individual parcel owners purchasing membership in the Association (grand fathered parcel owners did not have to pay but many of them did). Some members paid a lump sum which became the down payment for the purchase. A mortgage was obtained for the balance. Other contributing members paid on a monthly payment basis. Contributors were issued a "Membership Certificate". Wording on the certificate states that "This membership certificate may not be sold, pledged or hypothecated without prior written consent of the issuing corporation pursuant to the bylaws and proprietary lease." Members of Pelican Harbor Civic Association, Inc. became both the owner(s) and the management body for Pelican Harbor Mobile Home Estates, establishing the rules, regulations, annual budgets and responsible for the ongoing management and maintenance of Pelican Harbor common areas. Individual parcel owners who did not contribute to the purchase of Pelican Harbor common areas did not become members in the Association, had no voting rights other than those afforded them in the Long Term Lease Agreement. In March of 2000 the Association published the "Residents (Blue) Book" which was circulated as the preliminary "Rules and Regulations" and "Bylaws" of the Association. This document does not legally replace the existing "Declaration of Restriction" including it's amendments and the incorporated parts of the long term lease. The Association contracted "Gateway Management" to manage the operation of Pelican Harbor and it's finances under the direction of the Association Board of Directors. In 2008, the "Declaration of Covenants, Conditions and Restrictions" of Peclican Harbor Mobile Home Estates and the Pelican Harbor Civic Association, Inc. "Articles of Incorporation", and Bylaws" were restated/amended in total and approved by the membership. These restated/amended documents replace all previous Governing Documents and were recorded on December 24th, 2008 with the Charlotte County Clerkofthe Circuit Court OR Book 3347, pages 606-649. In addition, State.

the restated/amended

"Articles of Incorporation" were filed with the Florida Secretary of


*Note: These restated/amended documents replace all previous Governing Documents, were approved by the membership, signed, notarized and recorded with the Charlotte County Clerk of the Circuit Court OR Book 3347, pages 606-649.

<i

* ~, .'.

.

CHARLonE COUNTY CLERK OF CIRCUIT COURT OR BOOK 3347, PGS 606-tl49 44 pg(s) INSTRII 1815958 Doc Type eTF. Recorded 12.'2412008 at 04:Q8 PM ReG.Fee $375.50 Cashiered By: GAILG Doc. #:1

m;CKl!;R POLIAKOFF 6230 UNIVERSTTY 1'IlliKWAY SlJlTt: 204 SARASO'l'A,

FI.ORTDA

34240

THIS NSTRUMENT PREPARED AND IilifUK.'lIO: KEVIN J.. F.J)WARDS, ESQ. BECKER &: POUAKOFF, FA 630 S. ORANGE AVENUE

BY

SARASOTA, FL 34236

CERTIFICATE REFLECTING AMENDED AND RESTATED

OF AMENDMENT THE ADOPTION OF THE DECLARATION OF COVENANTS, RESTRICT)[ONS

CONDITIONS

AND

FOR HARBOR MOBILE HOME ESTATES AND AMENDED AND RESTATED ARTICLES OF INCORPORATION AND AMENDED AND RESTATED BYLAWS FOR PELICAN HARBOR MOBILE HOME ESTATES PELICAN

The undersigned officer of Pelican Harbor Civic Association, Inc., a Florida not fur profit corporation organized and existing to operate and maintain Pelican Harbor Mobile Home Estates, according to the Declaration of Covenants, Conditions and Restrictions thereof as originally recorded at O.R. 355, page 847, el seq. of the Public Records of Charlotte County, Florida, hereby certifies that: 1, The attached Amended and Restated Declaration of Covenants, Conditions and Restrictions, replacing the original Declaration and recently adopted amendments, were approved by not less than two-thirds of the votes of the members at a membership meeting held

on March 18, 2008.

or

2. The attached Amended and Restated Articles of Incorporation Pelican Harbor Civic Association, Inc., replacing the original Articles of Incorporation and recently adopted amendments, were approved by not less than two-thirds of the members of the Association at a membership meeting held on March 18, 2008. The Amended Articles of Incorporation have been filed with the Florida Department of State, 3. The attached Amended and Restated Bylaws of Pelican Harbor Civic Association, Inc. replacing the original Bylaws and recently adopted amendments were approved by not less than two-thirds of the votes ofthc members at a membership meeting held on March 1R, 200R.


In witness whereof. the Association has caused this instrument to he executed by its authorized officer this

II

day of ~

C;"t'wl /')C"

, 200 ~

at Charlotte County, Florida

PELlCAK HARBOR ASSOCTATION, INC. BY:

CIVIC

#3b/ ~ $,.6v.-~ Bill Bolus, President

STATE OF FLORIDA COUNTY OF CHARLOlTE

c;B~y

The foregoing instrument was acknowledged before me this by Bill Bokus, as President of Pelican Harb.J}L-Civie~lorida

of

"D:c.C::PkhJ:"200'g:"

corporation, on He ". erronally known 10 r has produced as identification"I no pe 0 1 enfifj-f'luon is indicated, the above-named person ls personally known to me. /' behalf

of

the

corporation.

me

~~mryP~ti~짜L~~~~~~~~ Printed Name ' """-4~~~p.L~--'--"--~-=State of Florida

My Commission Expires


AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PELICAN HARBOR MOBILE HOME ESTATES

(Note: The following Amended and Restated Declaration is a complete restatement of the Declaration of Covenants, Conditions and Restrictions for PELICAN HARBOR MOBILE HOME ESTATES as the same is found in Official Records Book 355, at Page 499 and as subsequently amended in Official Records Book 375, at Page 847; Official Records Book 382, at Page 170; Official Records Book 382, at Page 211; Official Records Book 386, at Page 883; Official Records Book 866, at Page 1505; Official Records Book 918, at Page 985; Official Records Book 1025, at Page 316; Official Records Book 1311, at Page 978 and Official Records Book 1613, at Page 948; all in the Public Records of Charlotte County, Florida. Please see that document's Articles 1 through 28 for the present text.) PELICAN HARBOR CIVIC ASSOCIATION, INC., a homeowners' association as defined in Fla. Stat. ยง720.301(9) is charged with maintenance of the Common Areas within PELICAN HARBOR MOBILE HOME ESTATES, a Subdivision located in Charlotte County Florida, and more particularly described in Exhibit "A", attached hereto. For the purposes of enhancing and protecting the value, attractiveness, and desirability of the lots or tracts constituting such Subdivision, the Association, by this Amendment, hereby restates and declares that all of the real property described above and each part thereof shall be held, sold, and conveyed only subject to the following easements, covenants, conditions and restrictions, which shall constitute covenants running with the land and shall be binding on all parties having any right, title, or interest in the above-described property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each Owner thereof.

ARTICLE

I. DEFINITIONS.

Section 1.1. The "Association" shall mean and refer to PELICAN HARBOR CNIC ASSOCIATION, INC., a Florida not-far-profit corporation, its successors and assigns. The Amended and Restated Articles of Incorporation and Bylaws for the Association are attached hereto as Exhibits "C" and "D", respectively. The Association shall operate by and through its Board of Directors. Section 1.2. The "Common Areas" shall mean all real property in the Subdivision not within the description ofthe Lots, Parcels or Units and owned by or to be conveyed to the Association for the common use and enjoyment of all the Owners. The Common Areas are described in Exhibit "B", attached hereto. Section 1.3. The "Parcel", "Lot", or "Unit" shall mean any Parcel or plot of land shown on the recorded Subdivision map referred to above or lying within the property described in Exhibit "A" including any residence or other structure built thereon and to which an Association Membership has been issued, with the exception of the Common Areas. Section 1.4. The "Maintenance" shall mean the exercise of reasonable care to keep buildings, roads, landscaping, lighting, surface water and storm water management systems and other

1


related improvements and fixtures in a condition comparable to their original functioning condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of generally-accepted garden management practices necessary to promote a healthy, weed-free environment for optimum plant growth. Section 1.5. The "Member" shall mean every person or entity that holds Membership in the Association. Section 1.6. The "Mortgage" shall mean a conventional mortgage or deed of trust. Section 1.7. The "Mortgagee" shall mean a holder of a conventional mortgage or a beneficiary under or holder of a deed of trust. Section 1.8. The "Owner" shall mean the recorded Owner (whether one or more persons or entities) of a fee simple title to any Parcel or portion thereof which is a part of the Subdivision, and shall include contract sellers, but shall not include those holding title merely as a security for performance of an obligation. Section 1.9. The "Subdivision" shall mean the subdivided real property hereinbefore described consisting of the Parcels, Lots or Units, and the Common Areas and such additions thereto as may be brought within the jurisdiction of the Association as hereinafter provided. Section 1.10. The "Surface Water Management System" shall mean the Parcels or tracts shown on the plat of PELICAN HARBOR MOBaE HOME ESTATES (Plat Book 11, at Pages 3A, 3B and 3C of the Public Records of Charlotte County, Florida) or described therein as well as the drainage easements on the lots and roadways thereon; together with all easements for Maintenance, landscaping and ingress/egress for those purposes and the covenants restricting building, construction, planting or other interference with the herein-described Surface Water Management System. Section 1.11. Waterlines. The Association is responsible for the maintenance of both the "Water Line" and "Sewer Line" to each individual Parcel. All additions and repairs shall be made according to Charlotte County building codes. (a) The "Water Line" shall mean all plumbing. pipes. meters and fixtures starting at the main city water supply meter and terminating at either the shut-off valve to the lot or the output fitting of the water meter where installed for the each individual Parcel. The Owner is responsible for their own water line and plumbing from after either the shut-off valve to the lot or after the output fitting of the water meter where installed. (b) The "Sewer Line" shall mean all plumbing, pipes and fixtures up to and including the "T" lateral connection for each individual Unit. The Owner is responsible for their own the sewer line and plumbing from after the "T" lateral connection at the lot line. (c) All additions and repairs shall be made according to Charlotte County building code and with a building permit when necessary. A new or changed hookup to the Association "Water Line" or "Sewer Line" must be inspected and approved by the Board before use. (d) The Owner is responsible for any damage or repair to their own Waterlines as well as any damage or repair to the Association Waterlines caused by digging, parking, or miss-use of the facilities by themselves or their guests, tenants, employees or contractors. Section 12. Fiscal Year. The fiscal year of the Association shall start on April 1st. and end on March 31st of each year. ARTICLE

rr, MEMBERSHIP

IN ASSOCIATION;

VOTING RIGHTS.

2


Section 2.1. Membership. Every Owner of a Parcel in the Subdivision shall be a Member of the Association. Membership shall be appurtenant to any Parcel and may not be separated from ownership of a Parcel. The entirety of the Members shall be the Voting Interests. 2.2. Co-Ownership. When more than one Person owns an interest in any Parcel (a "Co-Owner"), all such Co-Owners shall be Members, but only one such Co-Owner shall be entitled to exercise the vote to which the Parcel is entitled. All Co-Owners of a Lot or Parcel must designate a voting representative who is authorized to cast the vote for the Lot or Parcel and submit the same to in writing to the Secretary of the Association. Where no voting Co-Owner is designated, the Parcel shall not be entitled to vote until one individual is designated by all Co-Owners to vote the interests of the Parcel. The nonvoting Co-Owner(s) shall be jointly and severally responsible for all of the obligations imposed upon the Parcel and shall be entitled to all other benefits of ownership. All agreements and determinations lawfully made by the Association in accordance with the voting procedures established herein, or in the Bylaws, shall be binding on all CoOwners, their successors and assigns. Said voting rights shall be subject to the restrictions and limitations provided in this Declaration, any Supplemental Declaration and in the Articles and the Bylaws. (to the extent applicable). If a Parcel is owned by a corporation or other entity, the individual entitled to vote for the Parcel shall be designated by a certificate signed by an appropriate officer or agent of the entity and filed with the Secretary of the Association. Section 2.3. The sale or transfer of a Parcel owned by the Association requires approval of twothirds (2/3 rds) of the Membership as well as the approval of any lien holders of record for that Parcel. The Owner of a Parcel sold or transferred by the Association shall become a Member of the Association thus increasing the total number of Members in the Association thus changing the percentage or proportion by which Parcels will share in the common expense. Section 2.4. Effective January 01 2007 Membership in the Association cannot be reduced or eroded by combining existing Parcels within the subdivision. Section 2.5. The subdivision of an existing Parcel by a Member into two or more Parcels requires the approval of two-thirds (2/3 rds) of the Membership as well as the approval of any lien holders of record for that Parcel. A new Association Membership is to be purchased by the Owner of each new Parcel created increasing the total number of Members in the Association thus changing the percentage or proportion by which parcels will share in the common expense. Section 2.6. The Association shall have one class of voting Members. Section 2.7. The affairs and decisions of the Association shall be conducted and made through the Board. The Members shall have those powers and rights specifically described herein or as otherwise provided in the Articles of Incorporation, Bylaws or Chapters 617 and 720 of the Florida Statutes. In the absence of a specific requirement of approval by Members, the Board may act on its own through its proper officers.

ARTICLE

IT!. ASSESSMENTS.

Section 3.1. Lien and personal obligation of assessments. Each Owner hereby covenants for each Parcel within the Subdivision, and each Owner of a Parcel is hereby deemed to covenant by acceptance of his deed for such Parcel, whether or not it shall be so expressed in his deed, to pay the Association (1) annual assessments and (2) any special assessments. Such assessments will be established and collected as hereinafter provided, or as set forth in the Bylaws of the Association. The annual and special assessments, together with interest, late fees, costs, and attorneys' fees, are hereby a charge on the land and a continuing lien on each Parcel against which such an assessment is made. Each such assessment, together with interest, late fees, costs, and attorneys'

3


fees shall also be the personal obligation of the person or persons who owned the Parcel at the time the assessment came due. Such personal obligation shall not pass to the successors in title of such person or persons unless expressly assumed by them. Section 3.2. Purpose of annual assessments. The annual assessments levied by the Association shall be used exclusively for the common expenses incurred to promote the health, safety, welfare, and recreation of the residents in the Subdivision, and for the improvement and Maintenance of the Common Area. Common expenses shall include, and the Association shall acquire and pay for out of the funds derived from annual assessments, the following: (3.2.a) Maintenance, repair or reconstruction of the Common Areas, including but not limited to surface water and storm water management systems. C3.2.b) Water, sewer, garbage, electrical, lighting, telephone, gas, and other necessary utility services for the Common Area. (3.2.c) Acquisition of furnishings and equipment for the Common Areas as may be determined by the Association, including without limitation all equipment, furnishings, and personnel necessary for the recreational facilities (if any are created). (3.2.d) Maintenance, repair or reconstruction of streets, street lighting, drainage facilities, club house, swimming pool, sewer plant, sewer lines, water lines and water meters, maintenance and office facilities and other improvements within the Subdivision as required by the Association, Charlotte County or any other governmental body. (3 .2.e) Fire insurance covering the full insurable replacement value of improvements to the Common Areas (if any are created) with extended coverage and other casualty insurance, including windstorm and flood insurance (if necessary), deemed necessary and desirable by the Association Board of Directors. (3.2.t) Liability insurance insuring the Association and its officers and Directors against any and all liability to the public. to any Owner, or to the invitee or tenants of any Owner arising out of their occupation or use of the Common Areas. The policy limits shall be set by the Association Board of Directors. (3.2.g) Worker's compensation insurance to the extent necessary to comply with Section 440.38 of the Florida Statutes, and any other insurance deemed necessary by the Board of Directors of the Association. (3.2.h) A standard fidelity bond covering all Members of the Board of Directors of the Association and all other employees of the Association in an amount to be determined by the Board of Directors. (3 .2.i) Any other materials, supplies, furniture, labor, professional services, Maintenance, repairs, structural alternations, insurance, taxes, or assessments which the Association is required to secure or pay pursuant to the terms of this Declaration or by law, or which shall be necessary or proper in the opinion of the Board of Directors of the Association for the operation of the Common Areas, for the benefit of the Parcel Owners, or for the enforcement of these restrictions. Section 3.3. Annual Assessments and collection. A proposed budget of the income and expenses for the ensuing year shall be presented to the Board of Directors 30 days prior to the : Annual Association Meeting. A :fmal proposed budget shall be distributed by mail unless waived in writing, at least 14 days prior to the Annual Association Meeting to all Members of the Association with an itemized, estimated budget of the Common Expenses to be incurred by the

4


Association during the coming fiscal year and including a comparison of the prior year actual costs. A 51% majority vote of the Members where a 30% quorum has been obtained is required to approve the proposed budget. The Annual Assessment for each Parcel shall equal the amount of the estimated operating budget, as adopted pursuant to the Bylaws (less any surplus or plus any deficit from previous years), divided by the total number of Parcels in the Property. Section 3.4. Special assessments. If during a budget year, the Board of Directors determines that the current budget as approved by the Membership and the assessments levied thereon are insufficient to meet the anticipated expenses of the Association, the Board may determine and levy such additional Special Assessments as may be needed up to a maximum of $150.00 per Membership and applicable to that capital improvement year only to fund said anticipated, but under-budgeted expenses. A Special Assessment in excess of $150.00 per Membership must be approved by a 51% majority vote of all the Members. The Board meeting where a Special Assessment will be discussed or levied must be mailed to the Membership at least 14 days prior to the meeting. The notice must describe the purpose of the Special Assessment and be posted on the property and mailed, unless waived in writing, to the Membership. The Directors shall not levy said Special Assessment until after the meeting of the Directors, for which written notice describing the specific purpose of the Special Assessment. Any Special Assessment levied hereunder shall not become due less than 30 days after the Directors' meeting at which the Special Assessment was made. Written notice of the Special Assessment shall be mailed to all Members. The failure of any Member to receive it, shall not affect the validity or enforceability of the Special Assessment, in any way. Section 3.5. Emergency Assessments for capital improvements or repair. In addition to the annual or special assessments authorized above, and if appropriate funds are not available in a related reserve account the Board may levy an Emergency Assessment (applicable to that year only) for the purpose of defraying in whole or part the cost of any cleanup, construction or repair, of a capital improvement to the Common Area, including fixtures and personal property related thereto and provided that the need for this special assessment is as a direct result of: i) a safety issue needing immediate attention; ii) a government mandated and time limited program or repair; Hi) a local disaster or an extreme emergency as declared by local government authorities (such as but not limited to a hurricane, tornado, storm surge, extended power failure, brush fire, etc.); iv) the sewer system being in danger offailure. Where possible, and if feasible, notification to the Membership of a Board Meeting to discuss any such Emergency Assessment will be sent to all Members. The notice must describe the purpose of the Emergency Assessment and be posted on the property and either mailed, hand-delivered or electronically transmitted to the Membership. An Emergency Assessment levied hereunder shall not become due less than 30 days after the Directors' meeting at which the Emergency Assessment was made. Written notice ofthe Emergency Assessment shall be mailed to all Members. The failure of any Member to receive it, shall not affect the validity or enforceability of the Emergency Assessment, in any way. Section 3.6. Uniform rate of assessment. Annual and special assessments must be fixed at a uniform rate for all Parcels/Members. All Parcel/Members shall share equally in the common expenses.

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Section 3.7. Subordination of assessment lien to Mortgages. The assessment lien provided for herein shall be subordinate to the lien of any purchase money first mortgage, but no other. A sale or transfer of any Parcel shall not affect the assessment lien. However, the purchase of any Parcel by a foreclosing purchase money first mortgagee shall extinguish the assessment lien as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 3.8. Special assessments for an Owner's failure to maintain. In the event an Owner of any Parcel in the Subdivision fails to maintain the premises and improvements situated thereon in a manner satisfactory to the Board of Directors of the Association, the Association shall have the right, through its agents, employees, and contractors, and after approval by a majority vote of the Board of Directors and thirty (30) days' notice to the Owner of its intent to do so, to enter any such Parcel and to repair, maintain, and restore the Parcel and the landscaping and the exterior of all buildings and other improvements thereon. The cost of such repair, Maintenance, and restoration shall be added to and become a part of the assessment to which such Parcel is subject and is secured as a special assessment by the Association's lien. Section 3.9. Actions By the Association. Anything herein to the contrary notwithstanding, no general funds ofthe Association shall be utilized for bringing, supporting, investigating or otherwise abetting any legal action; claim or extrajudicial action except for (i) imposing, enforcement and collection of Assessments, including lien rights, (ii) collection of debts owed to the Association (iii) actions brought by the Association to enforce the provisions of this Declaration, and (iv) counterclaims brought by the Association in proceedings instituted against it, unless such legal action, claim or extrajudicial action shall be specifically approved for such purposes by a two-thirds (2/3rds) of the total votes of all Members of the Association in existence at any time. If the Members in accordance with this section 9 have approved the Associations actions, all expenses incurred shall be deemed Common Expenses. In any such action brought by or against the Association, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the non-prevailing party. Section 3.10. Responsibility for Maintenance of streets, street lights, sewer systems, water supply, surface water and storm water systems. The Owners, through the Association, are responsible for the Maintenance of the private streets, street lighting, sewer systems, water supply, surface water and storm water facilities in the Subdivision. Such Maintenance shall be performed by the Association, which shall assess and enforce liens for the cost thereof as provided in this article. Should the Association fail to perform such Maintenance: (3.1 O.a) then the County of Charlotte, Florida or any other governmental authority having jurisdiction shall have the right to make repairs and perform Maintenance of the streets, surface water and storm water facilities, as necessary for their proper function and purpose, and to levy and enforce assessments therefore in the same manner as the Association as provided herein; (3.10.b) or, any Owner oflands burdened by these restrictions may enforce such obligation through an action at law or in equity against the Association.

ARTICLE

IV. PROPERTY

RIGHTS

Section 4.1. Owner's easements of enjoyment. Every Owner of a Parcel shall have aright and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to such Parcel, subject to the right of the Association to dedicate or transfer all or part of the Common Area to any government or municipality, public agency, authority, or utility

6


for such purposes and subject to such conditions as may be agreed upon by the Members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been executed by a two-thirds (2/3rds) majority of all of the Members and duly recorded. Section 4.2. Delegation of use. Subject to such limitations as may be imposed by Article V and by the Bylaws of the Association, each Owner may delegate his right of enjoyment in and to the Common Areas and facilities to the Members of his family, his guests, tenants, and invitees. Section 4.3. Easements of encroachment. There shall exist reciprocal appurtenant easements as between adjacent Parcels and between each Parcel and any portion or portions of the Common Area adjacent thereto for any encroachment due to the non-willful placement, settling, or shifting of the improvements constructed, reconstructed, or altered thereon, provided such construction, reconstructions, or alteration is in accordance with the terms of this Declaration. Such easement shall exist to a distance of not more that one (1) foot as measured from any point on the common boundary between adjacent Parcels, and between each Parcel and any adjacent portion of the Common Areas, along a line perpendicular to such boundary at such point. No easement for encroachment shall exist as to any encroachment occurring due to the willful conduct of an Owner. Section 4.4. Other easements. (4.4.a) Easements for installation and maintenance of utilities, surface water and storm water management shall be a minimum of three feet (3') on each side of each Lot unless otherwise noted on the recorded Subdivision plat. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may damage, interfere with, or change the direction of flow of surface water or storm water in the easements. (4.4.b) No dwelling Unit or other structure of any kind shall be built, erected, or maintained

on any such easement, reservation, or right-of-way, and such easements, reservations, and rights-of-way shall at all times be open and accessible to the Association, public and quasipublic utility companies, their employees and contractors, all of whom shall have the right of privilege of doing whatever may be necessary in, on, under, and above such locations to carry out any of the purposes for which such easements, reservations, and rights-of-way are reserved. (4.4.c) The foregoing easements are granted and reserved subject to the condition that their use and enjoyment shall not interfere with the use, occupancy, or enjoyment of all or any part of the Parcels subservient to them or to which they are appurtenant. Each Parcel Owner shall contract the public and quasi-public utility companies individually for connection, and shall be billed directly and individually for such services. Section 4.5. Zoning and Setbacks. Charlotte County Florida Zoning code applies to all Parcels within Pelican Harbor Mobile Home Estates. Additionally the following variance (Petition #V AR-90-33 recorded in book 001140 page 001849) was approved January 14, 1991. There are four (4) variances; (4.5.1) Variance to allow for the development oflots less than 5,000 square feet in area or being less than 50 feet in width or both; (4.5.2) Variance from the required 25 foot front yard to allow a front yard of 10 feet; (4.5.3) Variance from the required 7.5 foot (interior lot) or 15 foot (abutting a road) side yard to allow a side yard of 5 feet;

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(4.5.4) Variance from the required 15 foot (abutting a lot) or 25 (abutting a road) to allow a rear yard of 5 feet. Parcels backing onto a canal are required to maintain a 20 foot rear yard. Section 4.6. Surface Water Management. No structure of any kind shall be constructed or erected, nor shall an Owner in any way change, alter, impede, revise or otherwise interfere with the flow and the volume of water in any portion of a Surface Water Management System and drainage area reserved or intended to be reserved for drainage water, as reflected in any plat or instrument of record without the specific written permission of the Association. Any amendment which would affect the Surface Water Management System, including the water management portions of the Common Areas,must have the prior approval of the Association. (4.6.a) An Owner shall, in no way, deny or prevent ingress and egress by the Association to such water management and drainage areas for Maintenance purposes. The right of ingress and egress and easements therefore are hereby specifically reserved and created in favor of the Association, or any other appropriate governmental or quasi-governmental agency that may require such ingress and egress. (4.6.b) No Parcel shall be increased in size by filling in any water retention or drainage areas on which it abuts. Owner shall not fill, dike, rip rap, block, divert or change the established water retention or drainage areas that have been or may be created by easement without the prior written consent of the Association. (4.6.c) Individual Owners of a Parcel will be required to convey its storm water pursuant to the water management plan approved by the Association. (4.6.d) The Association shall be empowered to enforce all of the terms and provisions of this Declaration and the terms and conditions of any permit issued for surface water management. (4.6.e) The Association may be responsible for mitigation or monitoring of the Common Areas. Section 4.7. Right of entry. The Association, through its duly authorized employees and. contractors, shall have the right after reasonable notice to the Owner thereof, to enter any Parcel at any reasonable hour on any day to perform such Maintenance as may be authorized herein. Such entry upon the Parcel will not be deemed a trespass. Section 4.8. No partition of Common Areas. There shall be no judicial partition of the Common Area, nor shall any Owner or any other person acquiring any interest in the Subdivision or any part thereof, seek judicial partition thereof. However, nothing contained herein shall be construed to prevent judicial partition of any Parcel owned in cotenancy.

ARTICLE V. USE RESTRICTIONS. The Subdivision shall be held, used and enjoyed subject to the following limitations and restrictions: Section 5.1. General. Each Parcel is intended to be used as a residence for a single family and for no other purpose. The Association, acting through the Board of Directors, shall have authority to make and to enforce standards and restrictions governing the Property, in addition to those contained herein. Such regulations and use restrictions shall be binding upon all Members and occupants. Members wishing to vary from these Use Restrictions must submit a variance request in writing to the Board of Directors for a decision by the Architectural Committee.

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Section 5.2. Manufactured Home, additions, improvements and alteration restrictions (S.2.a) All units shall be Manufactured or Modular Homes and must be approved by the Board of Directors in advance and before delivery to Pelican Harbor Mobile Home Estates. The Lot must be prepared and ready to receive the unit before delivery and the unit must be delivered directly to the lot and may not be delivered, parked or left on any of the roads or Common Areas. (S.2.b) On a 40 foot wide Parcel, the home shall be no less than 14' x SO'. On a 50' wide parcel, the home shall be no less than 24'x 24'. No home or it's improvements shall encroach upon existing easements or Charlotte County defined set backs. (S.2.c) A used manufactured home must not be over one (1) year old and must be inspected and approved by the Board of Directors prior to it's delivery to Pelican Harbor Mobile Home Estates. (S.2.d) At a minimum a ten (I 0) foot wide by thirty (30) foot long concrete driveway shall be installed from the street and said driveway shall have a covered carport. The carport must be a minimum often (I 0) feet from the street and is subject to both easement and setback as defined in Article IV. Lot numbers 16,50,62, 79 and 150 are grandfathered lots which are exempt from this rule until such time as the residence is removed or replaced. (5.2.e) All mobile homes shall be tied down in accordance with Charlotte County Codes and finished in an attractive manner with decorative skirting. Trailer hitches must be removed. All exterior stairs, skirting shall be properly tied down or anchored. (S.2.f) A 3'x 5' utility room may be at the rear ofthe carport. One (1) shed no greater than 10' x 16' may be installed on a Parcel. Gas tanks and rubbish containers shall be concealed to the satisfaction of the Board. Dog houses or structures of a similar nature shall not be permitted on any part of a Parcel. (S.2.g) Water and Sewer. All plumbing fixtures, dishwashers, toilets, and sewage disposal systems, shall be connected to the central water and sewer systems serving the premises. No outside toilet or well shall be constructed on any parcel. New connections and replacement connections to Association water lines, water meters and sewer lines must be inspected and approved by both the Association and Charlotte County Building Department prior to there use. (5.2.h) Landscaping. Landscaping is to consist of sodded lawns, or Xeriscape or Floridafriendly landscaping as defined by Florida Statute 373.185. A front planter or planting is required. Storm and rain water run off from changed elevations, gutters and downspouts may not be directed to neighboring Parcels. No weeds or unsightly growth shall be permitted to grow or remain upon any Parcel, and no refuse or unsightly objects shall be allowed to be placed or suffered to remain upon any Parcel. All lawns, landscaping, and any property, structure, improvement and appurtenance shall be kept in good, safe, clean, neat and attractive condition. All Owners must maintain their front yard to the edge of the roadway asphalt, including any unpaved rights-of-way. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge, or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem. Upon the failure to make such correction within fifteen (IS) days after the Board gives written notice of same, the Board or its agents may enter upon such premises and make such

9


improvements or corrections as may be necessary, the cos~ ofwhic~ shall be pai~by t~e offending Owner, as the case may be, or the Board may bring an action at law or m equity, Such entry by the Board or its agents shall not be trespass and by acceptance of a deed ~or a Parcel, such party has expressly given the Board the continuing permission to do so which permission may not be revoked; provided, however, the Board or its agent does not have to

give written notice in case of an emergency, in which event, the Board may without any prior notice, directly remedy the problem. If the Owner fails to make payment within (15) days after request to do so by the Board, Assessments for the payment request shall be levied and enforced in accordance with the provisions hereof. (5.2.i) Maintenance Responsibility. Owners may perform their own maintenance or may designate a responsible firm or individual to undertake the general maintenance responsibilities, which responsibilities shall include, at a minimum, maintaining the exterior appearance of the Unit as set forth above, safeguarding the Unit to prepare for hurricane or tropical storm; watches and warnings by, among other things, removing any unfixed items, and repairing the Unit in the event of any damage there to. An Owner may designate a firm or individual to perform such functions for the Owner, but such designation shall not relieve the Owner of any responsibility hereunder. (5.2.j) Nuisance. No portion of the Property shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will be obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious, illegal or offensive activity shall be carried on upon any portion of the Property. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any ways, noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property. No outside burning of wood, leaves, trash, garbage or household refuse shall be permitted within the Property. Section 5.3. Age and Residency Restrictions (as adopted on the 3rd day of March 1989 Official Records Book 001025, at Page 00317 and set out in Pelican Harbor Civic Association, Inc. "Fair Housing Act Community Plan" dated on the 14th day of May. 1998 Official Records Book 1613 Page 0948). (5.3 a) No person or persons shall be permitted to reside, lease or rent within Pelican Harbor Mobile Home Estates unless such person shall be at least Fifty-Five (55) years of age. (5.3 b) In the case of a couple or family, at least one person shall be at least Fifty-Five (55) years old. (5.3.c) Pelican Harbor Mobile Home Estates is a designated "Adult Park" (and as defined on the 23rd day of May, 1986 Official Records Book 866 Page 1505) (5.3.c.i) No persons under the age of eighteen (18) years shall be permitted to occupy any residential Parcel, or be an occupant thereof, whether related by blood, marriage or legal adoption to the Owner thereof or otherwise. (5.3 .c.ii) Persons under the age of eighteen (18) years shall be permitted to visit the Owner or Owners of any Parcel for a period not to exceed four (4) weeks in any twelve (12) month consecutive period. (5.3.c.iii) Any persons under the age of eighteen (18) years shall not be allowed to use the recreational facilities of Pelican Harbor Mobile Home Estates unless they are

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accompanied by an adult Owner of property located within Pelican Harbor Mobile Home Estates. (5.3.c.iv) These restrictions shall apply to any domestic servants employed by any Owner of property within Pelican Harbor Mobile Home Estates. (5.3 .d) The Board of Directors are charged with the responsibility for carrying out and enforcing the provisions of these restrictions. (5.3.e) The Board of Directors shall have the right to deny establishment of residency in Pelican Harbor Mobile Home Estates if such residency would result in less than eighty (80%) percent of the resident population of Pelican Harbor Mobile Home Estates being at least Fifty-Five years of age. Section 5.4. Skate Board Restriction (as adopted on the 5th day of May 1987 Official Records Book 00918, at Page 00985) (5.4.a) No person or persons shall be permitted to use or ride any skate board in or upon any of the roads or common areas of Pelican Harbor Mobile Home Estates; except for any such areas that may be specifically set aside for the use and operation of such skate boards. (5.4.b) Nothing contained herein shall prohibit the riding of skate boards within or upon the individual driveway of any Parcel provided, the said Parcel is owned or occupied by the person or persons riding or using said skate boards in or upon said Parcel. Section 5.5. No trade or business may be conducted in or from any Unit, except that the Owner or occupant residing in a Unit may conduct business activities within the units so long as: (a) the existence or operation of the business activities is not apparent or detectable by sight, sound or smell from outside the Unit; (b) the business activity does not involve persons coming on to the Property who do not reside in the Pelican Harbor Mobile Home Estates or door to door solicitation of residents of the Property or increased commercial pick up and delivery traffic and; (d) the business activity is consistent with the residential character of the Property and does not constitute a nuisance, or hazardous or offensive use. Section 5.6. No noxious or offensive activity shall be carried on in or on any Parcel. The discharge of firearms within Pelican Harbor Mobile Home Estates is prohibited. The term "firearms" includes "BB" guns, pellet guns, and other firearms of all types, regardless of size. Section 5.7. Signs. No sign, commercial sign, billboard or advertisement of any kind, including without limitation, those of Realtors, contractors and subcontractors shall be displayed to public view on a Parcel or the Common Areas without the written consent of the Board of Directors except as follows: (5.7.a) The Association shall designate a portion of the Common Areas for the display of signage by Rule or Regulation. (5.7.b) Signs that may be required by legal proceedings. (S.7.c) If permission is given to any Owner to erect a sign within a Property, the Board reserves the right to restrict the size, color, lettering and location of such sign. No sign shall exceed 4' x 4' in size. No sign shall be nailed or otherwise attached to trees. Section 5.8. Nothing shall be done or kept on a Parcel or on the Common Areas which would increase the rate of insurance relating thereto without the prior written consent of the Association, and no Owner shall permit anything to be done or kept on his Parcel or the Common Areas which

11


would result in the cancellation of insurance on any residence or on any part of the Common Areas, or which would be in violation of any law. Section 5.9. No animals, livestock, or poultry of any kind, including, but not limited to: horses. pigs, sheep and cattle shall be raised, bred, or kept on any Parcel or on the ~ommon Area. However, dogs, cats, and other household pets may be kept on Parcels subject to such rules and regulations as may be adopted by the Association, so long as they are not kept, bred, or maintained for commercial purposes. The Association may publish rules and regulations to both restrict the activities of pets on the Common Areas and to prohibit certain pets identified as an insurance liability.

Section 5.10. Charlotte County is responsible for Waste Management. No rubbish, trash, garbage, recyclable, hazardous waste or other waste material shall be kept or permitted on any Parcel or on the Common Areas except in sanitary containers located in appropriate areas concealed from public view. Garbage, yard waste and recyclable materials are to be placed on the median in appropriate containers no sooner than 5:00 PM ofthe day before a scheduled pickup by Charlotte County Waste Management. Any and all demolition materials, excess construction materials and construction waste materials are to be removed from the property by the contractor or the Parcel Owner immediately. Section 5.11. The Association shall have the right to publish Rules and Regulations pertaining to the use of Parcels, Lots, Units and Common Areas within the Subdivision. As per the Bylaws, notice of any meeting where Rules and Regulations are to be amended or enacted shall be mailed to Members fourteen (14) days prior thereto.

Section 5.12. No outbuilding, basement, tent, shack, garage, trailer, shed, recreational vehicle, boat or temporary building of any kind shall be used as a residence, either temporarily or permanently on any Parcel. No tent or travel trailer shall be placed or erected on any lot, nor shall overnight camping be allowed on any Parcel or Common Area. Section 5.13. Parking and Traffic Regulations. No vehicle belonging to any Owner or to a Member of the family of the Owner or guest, tenant, agent or employee of any Owner shall be parked in such a manner as to impede or prevent right of way access on Pelican Harbor private roads. The Owner or to a Member of the family of the Owner or guest, tenant, agent or employee of any Owner shall obey all parking regulations, posted speed signs and any other trafflc regulations which may be published in the future for safety, comfort and convenience ofthe Membership. (5.l3.a) Driving across a median or any other Common Area not designated as a road is prohibited unless the road ahead is blocked or not passible. (5. 13.b) Vehicles shall be parked only on the Owners own cement driveway. No Owner, renter or guest of a Parcel shall park, store, or keep overnight any truck, van, camper, recreational vehicle, boat, trailer, or aircraft, or any motor vehicle other than a private passenger vehicle, on any uncovered parking space. More specifically, no truck, camper, recreational vehicle, boat, trailer, or aircraft, or any motor vehicle other than a private passenger vehicle with a current license may be parked overnight on a driveway unless otherwise specified herein. (5.13.c) No vehicle, trailer or vessel with an expired license or missing tag shall be

parked on any Parcel. No RV, trailer or vessel shall be parked in the designated RV trailer parking area without the owners lot number attached and clearly displayed. All personal property stored or parked on any Association Common Area must be clearly marked and labelled with the owners lot number.

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(5.13.d) Members and their tenants are encouraged to park their boat and trailer in the designated RV parking area. The Owner or tenant may park one (1) boat on a trailer under the carport of their unit while away for an extended period of time of one (1) month or more. Neither the boat nor the trailer may extend out beyond the front of the Unit. Both the boat and trailer must be removed from the Parcel within 48 hours of the Parcel being occupied. (S.13.e) Vehicles, trucks, RV's, and vessels may be parked on a Parcel temporarily while loading and unloading for a period not to exceed 24 hours. (5.13.f) No truck, van, camper, recreational vehicle, boat, trailer, aircraft, or any motor vehicle may be parked or stored on another Members Parcel without the prior written permission of the Parcel Owner. (5.13.g) Common Area Parking is permitted in marked designated areas only. Overnight parking in marked designated areas is for visitors only and vehicles must display on the dash board the lot number of the Parcel at which they are staying. No parking is permitted on medians or common areas with the exception of service vehicles while on a service call and servicing a unit. Service vehicles and trailers may not be parked over night on Common Areas or medians. (5.13 .h) Any and all vehicles, trailers or vessels parked or stored on Parcels or in Common Areas which do not comply with the foregoing parking regulations in Section 13 shall be deemed "improperly parked" and are subject to fines and towing by the Association, at the Owners expense, at any time after twenty-four (24) hours has elapsed from when the Owner has been notified of improper parking. Section 5.14. No Owner of a Parcel shall repair or restore any motor vehicle, boat, trailer, aircraft, or other vehicle on any portion of any Parcel or on the Common Area, except for emergency repairs, and then only to the extent necessary to enable movement thereof to a proper repair facility. Section 5.15. Nothing shall be altered in, constructed on, or removed from the Common Areas except on the prior written consent of the Board of Directors. Section 5.16. The conservation or easement areas shown on the Subdivision plat and described herein are hereby dedicated as Common Areas. They shall be the perpetual responsibility of the Association and may in no.way be altered from their natural or permitted state. Activities prohibited within these areas include, but are not limited to: construction or placing of buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation (with the exception of exotic/nuisance vegetation removal); excavating, dredging or removal of soil material; diking or fencing; any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. "

Section 5.17. No drilling for water, refining, quarrying or mining operations of any kind shall be permitted on any Parcel. Section 5.18. No fence shall be constructed around any parcel, however small decorative fences i.e. to hide trash cans etc. shall be allowed with board approval upon presentation of plans. Section 5.19. Approval from the Association is required before a temporary storage can be located on a Parcel in order to replace or refurbish a unit. The temporary storage may not exceed 8'x16'. Approval will be given for a maximum period of (6) six months.

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Section 5.20. Approval from the Board is required before temporary living quarters in an RV can be located on a Parcel while replacing or refurbishing a unit that has been destroyed or damaged. Approval will be given [or a maximum period of(6) six months and the temporary quarters must be connected to Water, Sewer and Electrical suppliers before occupancy. Section S.21. No Owner or resident may direct, supervise, or in any manner attempt to assert

control over employees or agents of the Association. Any questions or concerns with employees or agents are to be addressed to Pelican Harbor Civic Association Management. Section 5.22. Hurricane Season. Each Owner who plans to be absent from their Parcel during hurricane season shall prepare the Parcel prior to departure by removing all furniture, plants and other movable objects from any porch, terrace, patio, garden or other areas where appropriate. Section 5.23. Solicitation. There shall be no solicitation by any person anywhere in the property for any cause, charity or any purpose whatsoever, unless specifically authorized by the Board. Section 5.24. Leasing. All leases and Rentals shall be of a term of not less than one (1) month. Owners who lease their Unit must provide the Association the names of all tenants, their date of birth, the term of the lease and must state that the Owner has provided their tenants a copy of the governing documents of Pelican Harbor Mobile Home Estates. This information shall be provided to the Association prior to the start of the Lease. Owners are responsible for the actions of their tenants. Section S.2S. Occupants Bound. All provisions and any of the community wide standards of the Declaration, Bylaws, rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Members and which provide for sanctions against Owners shall apply to all occupants, or visitors of a Unit. Every Owner shall cause all occupants of his or her Unit to comply with the Declaration, Bylaws, rules and regulations and the community wide standards adopted pursuant thereto, and shall be responsible for all violation and losses to the Common Areas caused by such occupants, notwithstanding the fact that such occupants of a Unit are fully liable and may be sanctioned for any violation of the Declaration, Bylaws, rules and regulations and community wide standards adopted pursuant thereto. Section 5.26. Antennas and Satellite Dishes. No television, radio, micro wave, communication satellite or other antenna or satellite system may be installed on the common areas by any person other than the Association. Permitted antennas and dishes on individual Parcels are limited as follows; (5.26.i.l) Any and all satellite dishes shall not exceed one (1) meter in diameter. (5.26.i.2) Multichannel, multi-point distribution service devices may be mounted on "masts" to reach a height needed to establish line of sight contact with the transmitter provided no mast may be higher than twelve (12) feet above the roof line of the Unit without prior written approval of the Association. (5.26.i.3) Television broadcast antennas for local stations, which may be any reasonable size, which may be secured to a mast located no higher than twelve (12) feet above the roof line. (5.26.iA) To the extent feasible, all antennas must be placed in visible from any street and in a location to minimize annoyance residents of the community if this placement would still permit quality signal. Rooftop installations are prohibited if the Owner quality signal from an antenna located on the ground.

locations that are not or inconvenience to other reception of an acceptable can receive an acceptable

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ARTICLE VI. ARCHITECTURAL

CONTROL.

Section 6.1. Architectural Committee. The Board of Directors of the Association shall appoint a committee to be known as the Architectural Committee. Such committee shall consist of three (3) or more persons who shall serve at the pleasure of the Board. The Committee may be appointed as a standing committee or on an ad hoc basis. Section 6.2. Completion of Construction. Construction of any improvement, once commenced, shall be pursued diligently to completion within 365 days. A time extension may be approved by the Board where extenuating circumstance apply. Improvements not so completed or upon which construction has ceased for 90 days, or which has been totally or partially destroyed and not rebuilt within a reasonable time, shall be deemed a nuisance. The Board of directors may then remove or repair, or complete the same (at the cost of the Owner), or levy a fine. Section 6.3. Approval of structures, other improvements. No residence, other building, fence, wall, or other structure shall be erected or maintained on any Lot within the Subdivision, nor shall any exterior addition, including sheds, utility rooms, decks, piers, docks, clotheslines, decorative shutters, hurricane shutters or other external attachments be made, until the plans and specifications showing the nature, kind, shape, heights, materials, colors, and locations of the same have been submitted to and approved in writing by the architectural committee as to deed restriction compliance and the harmony of external design, appearance, safety and location in relation to surrounding structures and topography. Section 6.4. Alterations, additions, and improvements of the residences and other structures. No Owner, shall make any structural alternation, or shall undertake any exterior repainting or repair of, or addition to his residence or any other structure which would substantially alter the exterior appearance thereof, without the prior written approval of the plans and specifications therefore by the architectural committee. The committee shall grant its approval only in the event the proposed work will benefit and enhance the entire Subdivision in a manner generally consistent with the plan of development, and existing deed restrictions. The

Owner is responsible for obtaining permission from Parcel neighbors, any and all required permits before the commencement of any alterations, additions or improvements. Section 6.5 Damage and destruction of residences; approval of structural variances. Any Owner who has suffered damage to his residence by reason of fire or any other casualty may apply to the architectural committee for reconstruction, rebuilding, or repair of his residence in a manner which will provide for an exterior appearance and design different from that which existed prior to the date of the casualty. Application for such approval shall be made in writing together with full and complete plans, specifications, working drawings, and elevations showing the proposed reconstruction and the end result thereof. The architectural committee shall grant approval only if the design proposed by the Owner would result in a finished residence of exterior design harmonious with other residences in the Subdivision. The Owner is responsible for obtaining any and all permits that may be required before the commencement of any demolition, removal, alterations, additions or improvements. Owners removing a unit from a Parcel must first provide the Association with a hold harmless liability letter. Section 6.6. Approval of committee; how evidenced. Whenever in this article approval of the architectural committee is required, such approval shall be in writing. In the event the architectural committee fails to approve or disapprove within thirty (30) days after delivery to it

15


of a request to do so, approval will be deemed to have been given, and compliance with the terms of this article conclusively presumed.

ARTICLE VII. OWNERS' OBLIGATION TO REPAIR. Each Owner shall, at his sole cost and expense, repair his residence, keeping the same in a condition comparable to the condition of such residence at the time of its initial construction, excepting only normal wear and tear. If an Owner shall fail to keep the exterior of his or her Unit in good repair and in an attractive condition, then the Association has the right (but not the obligation) to enter onto the Unit Owner's property and perform the Maintenance fifteen (15) days after the mailing of a notice indicating the Association's intention to do so. The costs for doing so shall be borne by the Unit Owner and shall be secured in the manner of assessments, by a lien upon the Unit.

ARTICLE

vrn, OWNERS'

OBLIGATION TO REBUILD.

If all or any portion of a residence is damaged or destroyed by fire, wind or other casualty, it shall be the duty of the Owner thereof, with all due diligence to secure, clear and maintain the Parcel or to rebuild, repair, or reconstruct such residence in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within twelve (12) months after the damage occurs, and shall be completed within thirty (30) months after the damage occurs, unless prevented by causes beyond the control ofthe Owner or the Owners.

ARTICLE IX. OWNERS' OBLIGATION TO INSURE. It shall be the duty of the Owner of each Parcel to keep all improvements on such Parcel insured against loss due to fire, flood, wind, hurricane and other customary and usual casualties, in the amount necessary to satisfy Article Vill. Self insurance is acceptable.

ARTICLE X. NOTICES TO OWNER AND PROSPECTIVE PURCHASERS Section 10.1. All Owners and prospective Owners of Parcels in the Subdivision are hereby placed on notice that Pelican Harbor is a deed restricted Adult Community in which all Parcel Owners belong to the Homeowners Association named "Pelican Harbor Civic Association, Inc.". Streets, water and sewer lines within the Subdivision are owned and maintained by the Association as part of the Common Areas; that such streets shall remain private in perpetuity and shall not, at any time, become public streets; that such streets shall perpetually be maintained by the Association at the expense of the Owners and that the Owners' obligation to pay annual and special assessments is secured by a lien on each Owner's Parcel. Section 10.2. All areas of the Subdivision left at natural grade have the potential to pond after rainfalls. Section 10.3. The Lots in the Subdivision may contain or be adjacent to wetland preservation or mitigation areas and upland buffer which are protected under conservation easement. Section 10.4. The wetlands and upland buffers ofthis Subdivision, whether burdening a Parcel either in total or in part, or as part of the Common Areas, may not be altered, from their natural or

16


governmentally-permitted condition with the exception of: exotic or nuisance vegetation removal, or restoration in accordance with the restoration plan included in the conservation easement. Exotic vegetation may include, but is not limited to: Melaleuca, Brazilian pepper, Australian pine, and Japanese climbing fern or any other species currently listed by the Florida Exotic Pest Plant Council. Nuisance vegetation may include cattails, primrose willow and grape vine.

ARTICLE

XI. GENERAL

PROVISIONS.

Section 11.1. Enforcement. The Association, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In any action brought by an Owner, or the Association to enforce any covenant or restriction herein contained, the prevailing party shall be entitled to a judgment for its costs and attorneys' fees, including any incurred on appeal. Section 11.2. Fines. As specified in Florida Statute 720.305 as the same now exists or may be amended or renumbered from time to time. Each Association Member and the Member's tenants, guests, and invitees, are governed by, and must comply with, this Statute, the governing documents of the community, and the rules of the Association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the Association or by any Member. The Association may suspend, for a reasonable period of time, the rights of a Member or a Member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines. The method and amount or such fines are limited by Florida Statute 720.305 and described in Association Bylaws. Section 11.3. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 11.4. Amendments. Covenants and restrictions of this Declaration may be amended at any time by duly recording an instrument executed by the President or Vice-President of the Association with the formalities of a deed and indicating approval by not less than two-thirds (2/3rds) of the Members. Section 11.5. Subordination. No breach of any of the conditions herein contained or re-entry by reason of such breach shall defeat or render invalid the lien of any mortgage made in good faith and for value as to the Subdivision or any Lot therein; provided, however, that such conditions shall be binding on any Owners whose title is acquired by foreclosures, deeds-in-lieu, trustee's sale, or otherwise. Section 11.6. Duration. Unless amended as detailed herein, the covenants and restrictions of the Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or any Member thereof for a period of fifty (50) years from the date hereof. Thereafter, they shall be automatically extended for additional period of ten (l0) years unless amended as provided herein by the then-Owners of at least two-thirds (2/3rds) of the Subdivision Parcels. Section 11.7. Conflict. In the event that the terms and provisions of this Declaration are deemed in conflict with terms and provisions of the Articles of Incorporation or Bylaws of the Association, the terms of this Declaration shall control.

17


In Witness WhereoCthe Association has executed this Declaration in Charlotte County, Florida, on this __

day of

, 2008.

Signed, Sealed and Delivered in the Presence of

Signature of first witness

PELICAN HARBOR CIVIC ASSOCIATION, INC.,

Printed name of first witness

a Florida not-for profit corporation By: Signature of second witness

_

Bill Bokus, President

Printed name of second witness

STATE OF FLORIDA COUNTY OF CHARLOTTE

) )ยง )

The foregoing Declaration was acknowledged before me this __ day of , 2008, by Bill Bokus as President for Pelican Harbor Civic Association, Inc., a Florida not-for-profit corporation on behalf of said corporation. He/She [ ) is personally known to me or [ ] has produced identification of: _

(Seal) __________________

~ign)

Notary Public: State of Florida At Large

18


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EXHIBIT

I

8


Exhibit "C"

Pelican Harbor Civic Association, Inc. AMENDED AND RESTATED ARTICLES OF INCORPORATION

EXHIBIT

I C


AMENDED AND RESTATED ARTICLES OF INCORPORATION OF PELICAN HARBOR CIVIC ASSOCIATION, INC. A Florida corporation, not-for-profit. (Note: The following Amended and Restated Articles are a complete restatement of the Articles of Incorporation of Pelican Harbor Civic Association, Inc. dated May 31,1974 The undersigned Corporation, by an affirmative vote of two-thirds (2/3rds) of its Members, hereby adopts the following Amended and Restated Articles of Incorporation for such corporation pursuant to Fla. Stat. Ch. 617:

ARTICLE I (Name) The name ofthe corporation (hereinafter called the "Association") is PELICAN HARBOR CIVIC ASSOCIA nON, INC. a Homeowners Association as defined by Fla Sta. Ch. 720.

ARTICLE II (Not-for-Profit Status) The Association is a corporation not for profit.

ARTICLE III (Duration) The period of its duration is perpetual.

ARTICLE IV (Purposes and Powers) The specific purposes for which the Association is formed are to provide for: (a) maintenance, preservation, and architectural control of the residence Lots and Common Areas; and enforcement of the Declaration of Covenants, Conditions and Restrictions for PELICAN HARBOR MOBILE HOME ESTATES, a subdivision of land lying in Charlotte County, Florida; and as more specifically described in the original Declaration of Covenants, Conditions and Restrictions recorded at O.R. Book 355, Page 499, Et. seq., of the Public Records of Charlotte County, Florida. (b) to maintain and preserve the Surface Water Management Systems, including canals and conservation easements within the subdivision all within a certain subdivided tract ofreal property described as PELICAN HARBOR MOBILE HOMES ESTATES, a Subdivision located in Charlotte County, Florida, and as

1


more particularly described in Plat Book 11, at Pages 3A, 3B and 3C of the Public Records of Charlotte County, Florida, and generally, to promote the health, safety, and welfare of the residents within the above-described subdivision and such additions thereto as may hereafter be brought within the jurisdiction of the Association for such purpose. In furtherance of such purposes, the Association shall have power to: (a) Perform all of the duties and obligations of the Association as set forth in the Amended and Restated Declaration of Covenants, Conditions, and Restrictions, and any amendments thereto (the "Declaration") applicable to the Subdivision and recorded in the public records of Charlotte County, Florida, which includes the power to enforce the terms and provisions of the Declaration; (b) Affix, levy, and collect all charges and assessments pursuant to the terms of the Declaration and the Association's Bylaws, and enforce payment thereof by any lawful means; and pay all expenses in connection therewith, and all office and other expenses incident to the conduct of the business of the Association including all licenses, taxes, or governmental charges levied or imposed on the property of the Association; (c) Acquire (by gift, purchase, or otherwise), own, hold, improve, build on, operate, maintain, convey, sell, lease, transfer, dedicate to public use, or otherwise dispose of real and personal property in connection with the affairs of the Association; (d) Dedicate, sell, conveyor transfer all or any part of the Common Areas to any individual, government or municipality, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed on by the Members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3rds) of the Members, agreeing to such dedication, sale, or transfer; (e) Participate in mergers and consolidations with other nonprofit corporations organized for the same purposes, or annex additional residential property and Common Areas, provided that any merger, consolidation, or annexation shall have the consent by vote or written instrument of two-thirds (2/3rds) of the Members of the Association; (f) Have and exercise any and all powers, rights, and privileges that a corporation organized under Chapter 617 of the Florida Statutes by law may now or hereafter have or exercise under that Act or Chapter 720, Florida Statutes. The Association is organized and shall be operated exclusively for the aforementioned purposes. The activities of the Association shall be fmanced by assessments on Members as provided in the Declaration and/or Bylaws, and no part of any net earnings shall inure to the benefit of any Member; (g) Enforce all properly published rules, ordinances, or regulations relating to the Common Areas and particularly the easements, covenants and restrictions over

the Lots. (h) Make and enforce reasonable Rules and Regulations regarding the use of land within the Subdivision.

2


ARTICLE V (Street Address, Registered Office and Agent) The street address of the principal office is 6720 Riverside Drive, Punta Gorda, Florida 33982. The registered office of the Association and the name of its registered agent are both updated annually by filing the annual corporate report with the Florida Secretary of State.

ARTICLE VI (Members) Every person or entity who is a recorded Owner of a fee or undivided fee interest in any Parcel of land which is subject by covenants of record to assessments by the Association, including contract sellers, but excluding persons holding title merely as security for performance of an obligation, shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Parcel Owner of land which is subject to assessment by the Association. The names and addresses of the members of the Association are available at the above Registered Office and distributed to the membership annually.

ARTICLE VII (Classes of Membership) The Association shall have one class of voting Members.

ARTICLE VIII (Directors) The number of directors constituting the board of directors of the Association is Seven (7). The terms and method for electing directors shall be stated in the Association's Bylaws. The directors names shall be recorded annually by filing the annual corporate report with the Florida Secretary of State.

ARTICLE IX (Disposition of Assets) Dissolution of the Association shall require the consent by vote or written instrument of all (100%) of the Members of the Association. On dissolution all remaining assets after payment of all costs and expenses of such dissolution shall be distributed evenly to members in good standing. The foregoing Amended and Restated Articles of Incorporation were enacted by the Members of the Corporation by written consent of the Members at meeting duly noticed and called for the purpose on the is" day of March, 2008, by a vote of two-

3


thirds (2/3) for approval/enactment. The vote was sufficient for enactment of this Amendment.

IN WITNESS WHEREOF, we, have set our hands and affixed the Corporate Seal of said corporation this

day of December, 2008.

Signed, Sealed and Delivered in the Presence of

Signature of first witness PELICAN HARBOR CIVIC ASSOCIATION, INC., a Florida not-for profit corporation

Printed name of first witness

By: Bill Bokus, President

Signature of second witness

_

Printed name of first witness

STATE OF FLORIDA

) )ยง

COUNTY OF CHARLOTTE

)

The foregoing Articles of Incorporation was acknowledged before me this day of , 2008, by Bill Bokus as President for Pelican Harbor Civic Association, Inc., a Florida not-for-profit corporation on behalf of said corporation. He/She [ ] is personally known to me or [ ] has produced identification of:

(Seal) _____________

(sign)

Notary Public: State of Florida At Large

4


Exhibit "D" Pelican Harbor Civic Association, Inc. BYLAWS


SUBSTANTIAL RE-WORDING OF BYLAWS OF PELICAN HARBOR CIVIC ASSOCIATION,

INC.

a Florida corporation, not-for-profit Note: The following is an amendment by restatement of the Bylaws of Pelican Harbor Civic Association, Inc.

ARTICLE I. NAME AND LOCATION The name of the corporation is PELICAN HARBOR CIVIC ASSOCIATION, INe. The principal office of the corporation shall be located at 6720 Riverside Drive, Punta Gorda, Florida 33982. Meetings of Members and Directors may be held at such places within Charlotte County, Florida as may be designated by the Board of Directors. ARTICLE II. DEFINITIONS Section 2.1. "Association" shall mean and refer to PELICAN HARBOR CIVIC ASSOCIATION, INC., a Florida not-for-profit corporation, its successors and assigns and formed for the purpose of administering Pelican Harbor Mobile Home Estates and it's Common Areas located at 6720 Riverside Drive, Punta Gorda, Florida 33982 and upon the lands as described in the Original Declaration of Restrictive Covenants recorded in O.R. Book 375 commencing at Page 84 of the Public Records of Charlotte County, Florida Section 2.2. "Common Area" shall mean all real property within the Subdivision which is owned or leased by the Association, or dedicated for use or maintenance by the Association or its Members, including, regardless of whether title has been conveyed to the Association: (a) Real property the use of which is dedicated to the Association or its Members by a recorded plat; or (b) Real property committed by the Declaration to be leased or conveyed to the Association; or dedicated to the use of the Association or its Members, including any conservation easements. Section 2.3. "Declaration" shall mean and refer to the Amended and Restated Declaration of Covenants, Conditions, and Restrictions for PELICAN HARBOR MOBILE HOMES ESTATES applicable to the Subdivision and recorded in Official Record of the Public Records of Charlotte County, Florida, and as subsequently amended.

Section 2.4. The "Parcel", "Lot", or "Unit" shall mean any Parcel or plot ofland shown on the recorded Subdivision map or lying within the property described in Exhibit "A" of

1


the Original Declaration thereon.

Document including any residence or other structure built

Section 2.5. "Member" shall mean and refer to those persons entitled to Membership in the Association as provided in the Declaration. Every Owner of a Parcel in the Subdivision shall be a Member of the Association. Membership shall be appurtenant to any Parcel and may not be separated from Ownership of a Parcel. The entirety of the Members shall be the Voting Interests. Section 2.6. "Owner" shall mean and refer to the Owner of record on file at Charlotte County, Florida public records., whether one or more persons or entities, of the fee simple title to any parcel which is a part of the Subdivision, including contract sellers, but excluding those holding title merely as security for the performance of an obligation. Section 2.7. "Subdivision" shall mean Pelican Harbor Mobile Home Estates and refers to that certain tract of real property described in the Declaration, and such additions thereto as may be brought within the jurisdiction of the Association pursuant to the provisions of the Declaration. Section 2.8. "Fiscal Year" shall mean the fiscal year of the Association and shall start on April 1st of each year and run through March 31st of the following year. Section 2.9. "Governing Declaration of Restrictive the Association, and any Covenants as constituting time.

Documents" shall mean the Articles of Incorporation, the Covenants, These Bylaws, and the Rules and Regulations of other document referenced in the Declaration of Restrictive part of the Governing Documents, all as amended from time to

Section 2.10. "Definitions" Any term not defined in this Article, but otherwise Chapters 617 or 720 of the Florida Statutes, shall have that meaning as defined. Any term not defined in these Bylaws but otherwise defined in the documents of this Home Owners' Association, shall have that meaning as those documents. ARTICLE

m. MEETINGS

defined in statutorily governing defined in

OF MEMBERS

Section 3.1. Roberts Rules of Order. Roberts Rules of Order shall prevail at all Members meetings and all Board Meetings. If parliamentary procedures are challenged, then the most current addition of Roberts Rules of Order will control at all Association Meetings. Section 3.2. Town Hall (Civic) Meetings. If deemed necessary by the Board of Directors, Membership informational (Civic) meetings may be scheduled during the months of November, December, February and March. Such Meetings shall normally be held at 7:30 P.M. in the Resident's Lounge. If the day for the meeting is a legal holiday, the meeting will be held at the same hour on the next following day that is not a legal holiday. Notice ofa Town Hall Meeting stating the time, place and agenda of the meeting shall be satisfied by a "Meeting Notice" posted in the Residents Lounge. Agenda items may not be voted upon by the Membership present at a Town Hall Meeting other than to

2


provide a consensus of opinion by those present to the Board of Directors. Items requiring a vote by the Membership will be held over and placed on the agenda of the Annual Meeting in January or will be voted at a Special Meeting with prior notification to all Members as described below in Section "Notice of Meetings". Section 3.3. Annual Meeting. Annual Membership Meetings shall be held on the fourth Wednesday of January of each year at 7:30 P.M. In the Resident's Lounge. If the day for the Annual Meeting is a legal holiday, the meeting will be held at the same hour on the next following day that is not a legal holiday. Notice of the Annual Meeting stating the time and place of the meeting shall be posted on the property and sent to each Member by United States mail, at least 14 days prior to the Annual Meeting unless waived in writing by the Member. Hand delivery and or electronic mail delivery is acceptable where permissible by law and when approved by an individual Member. 3.3.1. Order of Business for Annual Meeting: i) Call to order, Pledge to the flag, establish a quorum and announcements from the chair. ii) Reading of minutes and corrections of same, if necessary. iii) Reading of Treasurer 's Report and Annual Audit Report and Vote to approve next years budget. iv) Report of Permanent Committees v) Report of Special Committees. a) Special Orders from the Chair. b) Announcements from the floor. vi) Unfinished Business. vii) Election of Board Members. viii) Teller directed to collect "Tally-Cards" and return them to the Treasurer. ix) Turn the meeting over to newly elected Executive Board x) New Business: items of business requiring extensive discussion or consideration shall be held over for a Special Meeting. xi) For the good of the organization, Membership comments. xii) Motion for Adjournment. Section 3.4. Special Meetings. Special Membership Meetings may be called at any time by the President, or by a majority of the Board of Directors, or upon written request of fifteen (15) of the Membership. Business conducted at a special meeting is limited to the purposes described in the notice of meeting. Section 3.5. Notice of Meetings. Unless directed by the Member in writing to provide a hand delivered or email Notice of Meeting, a written notice of each Membership Meeting shall be given by, or at the direction of, the Secretary or other person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fourteen (14) days but not more than sixty (60) days before such meeting to each Member entitled to vote thereat. Such notice shall be mailed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of receiving notice. Such notice shall specify the day, hour, and place of the meeting, and in the case ofa special meeting, the purpose of the meeting.

3


Notice of specific meetings may be waived before any Member (or person authorized to vote for Member's waiver of notice of such meeting, representative) attendance is for the sole and beginning of the meeting to the transaction of lawfully called.

or at the meeting and the attendance of such Member). shall c~nstitute ~uch except when his (or his authorized express purpose of objecti.ng ~t the business because the meeting 1S not

Section 3.6. Quorum. A quorum at Membership Meetings shall consist of persons entitled to cast thirty (30%) percent of the voting interests of the entire Membership. Decisions made by a majority of the Members voting in person or by proxy at a meeting at which a quorum is present shall be binding and sufficient for all purposes except such decisions as may be covered by Florida Statute 617 or where the Governing Documents require a larger percentage in which case the larger percentage shall govern. If a quorum is not present at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present. Section 3.7. Proxies. At all Membership Meetings, each Member may vote in person or by proxy. All proxies shall be in writing, dated, state the date of the meeting for which it is given, signed by the authorized person who executed the proxy, and filed with the secretary. Proxies shall be revocable, and the proxy of any Owner shall automatically terminate on conveyance by the Owner of a Parcel. A proxy is effective only for the meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires ninety (90) days after the date of the meeting for which it was originally given. See attached sample Proxy Form. Section 3.8. Action Without Meeting. The Members of the Association may take any action allowable under the Declaration, Articles of Incorporation or these Bylaws without the necessity of a meeting if such action is evidenced by written consent as provided in Florida Statute ยง617 .0701. Section 3.9. Adjournment. Adjournment of an Annual or Special Meeting to a different place, date and time within 30 days of the adjourned meeting, must be announced at that meeting before an adjournment is taken, or additional notice must be given of the new date, time or place pursuant to Section 617.302(2). Florida Statutes, as amended from time to time, and Article 3.5 of these Bylaws. Any business that might have been transacted on the original date of the meeting may be transacted at the rescheduled adjourned meeting. If a new record date for the adjourned meeting is or must be fixed pursuant to Section 617.0707. Florida Statutes, as amended from time to time, notice of the adjourned meeting must be given to persons who are entitled to vote and are Members as of the new record date but were not Members as of the previous record date. ARTICLE IV. BOARD OF DIRECTORS; TERM OF OFFICE;

REMOVAL

Section 4.1. Number. The affairs of the Association shall be managed by a Board of Seven (7) Directors. The officers of the Association shall be a President and Vice President, Secretary and Treasurer, who shall at all times be Members of the Board of

4


Directors, and such other officers as the Board may from time to time by resolution create.

Section 4.2. Qualifications: 4.2.1

Every Director must be a Member of the Association or the spouse of a Member.

4.2.2

To be eligible to become a Director, a candidate must not be a convicted felon without civil rights.

Section 4.3. Term of Office. There shall be no limit on the number of terms an otherwise qualified Director may serve. The Directors terms of office shall be staggered as follows: 4.3.1

The President and Secretary each serve a 2 year term of office which expires in an even numbered year.

4.3.2

The Treasurer and Vice President each serve a 2 year term of office which expires in an odd numbered year.

4.3.3

Directors serve for a 3 year term with one Director's term expiring each year.

Section 4.4. Reniovaf, Any Officer or Director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association in the manner set forth in Florida Statute ยง720.303(10). Section 4.5. Resignation. Any Officer or Director may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 4.6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the unexpired term of the officer replaced. Section 4.7. Multiple offices. The offices of Secretary and Treasurer may not be held by the same person. No person shall simultaneously hold more than one of any of the other offices. Section 4.8. Compensation. No Director shall receive compensation for any service rendered to the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of duties. ARTICLE V. BOARD OF DIRECTORS; NOMINATION AND ELECTION Section 5.1. Nomination. Nomination for election to the Board of Directors shall be solicited and coordinated by a Nominating Committee. The nominating committee shall consist of a chairman appointed by the Board of Directors, and two or more Members of the Association. The committee shall be appointed by the Board of Directors prior to each Annual Meeting to serve from the close of such meeting until the close of the next Annual Meeting, and such appointment shall be announced at each Annual Meeting.

5


The nominating committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine adequate, but in no event shall it nominate less than the number of vacancies to be filled. Individual members interested in serving

on the Board of Directors may submit their intention in writing to the Nominating Committee by December 15th. to be included as a candidate on the Ballot. A nominee must be a Member in good standing and meet qualifications set out in Section 4 above. Section 5.2. Election. Election to the Board of Directors shall be by secret written ballot using the two envelope system. Ballots shall be mailed to all Members with the Meeting Notice outlined in section 3. Completed ballots shall be mailed back to the Association or presented during registration before the meeting starts. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. Persons receiving the largest number of votes shall be elected. Unused ballots shall be retained for 1 year as required by Florida State law.

ARTICLE VI. BOARD OF DIRECTORS' MEETINGS Section 6.1. Regular Meetings. Regular meetings of the Board of Directors shall be open to all Members and held with notice, at such place and hour as may be fixed from time to time by resolution of the Board. In the event the date for a meeting falls on a legal holiday, such meeting shall be held at the same time on the next following day that is not a legal holiday. Section 6.2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two Directors. Section 6.3. Quorum. A majority of the Directors shall constitute a quorum for the transaction of business. Every act performed or decision made by a majority of Directors present at a duly held meeting in which a quorum is present shall constitute the act or decision of the Board. No Director shall vote by proxy or secret ballot, except that secret ballots may be used in the election of officers. No Director may abstain from a vote unless they have declared a conflict of interest with the item being voted. Section 6.4. Notice. Except in the case of emergencies, notice of all Board Meetings, whether regular or special, shall be posted in a conspicuous place on the Subdivision property designated by the Board, at least forty-eight (48) hours in advance. If special assessments are to be considered at the meeting, the notice shall so state and describe the nature of the assessment and the notice shall be both mailed to each Member and posted in a conspicuous place at least 14 days prior to the Board Meeting. Section 6.5. Minutes. Minutes reflecting the actions taken, in written form, shall be kept and recorded for all meetings of the Directors.

ARTICLE VII. BOARD OF DIRECTORS' POWERS AND DUTIES Section 7.1. Powers. The Board of Directors shall have power to:

6


7.1.1

Adopt and publish Rules and Regulations governing the use of the Common Areas and facilities including the personal conduct of the Members and their guests and invitees thereon; and to establish penalties (fines and suspension of voting rights and Common Area usage) for infractions of such Rules and Regulations, the Declaration or these Bylaws;

7.1.2

Suspend the voting rights of any Member during any period in which such Member is in default in the payment of any assessment levied by the Association in excess of ninety (90) days.

7.1.3

Suspend the right to use of the recreational facilities and Common Areas of any Member and their guest when the Member or their guest is in violation of a provision of the Governing Documents or the Member is in default in the payment of any assessment levied by the Association. Such rights may be suspended after fourteen days notice and a hearing as described in Article XI (Fines and Suspension of Rights).

7.1.4

Exercise on behalf of the Association all powers, duties, and authority vested in or delegated to the Association under Florida Statutes Chapters 617 and 720, as amended from time to time and not specifically reserved to the Membership by the Declaration, Articles of Incorporation, or by other provisions of these Bylaws;

7.1.5

Employ a manager, independent contractors, and such other employees as deemed necessary, and to prescribe their duties.

7.1.6

Assess the Owners for their share of the expenses of the Association.

7.1.7

Enforce, on behalf of the Association and its Members, the terms and provisions of the governing documents of the Association, provisions of the conservation easement and any environmental or water management permits for the development of the Subdivision.

Section 7.2. Duties. It shall be the duty of the Board of Directors to: 7.2.1

Cause to be kept the official records specified in Florida Statutes ยง720.303(4);

7.2.2

Supervise all officers, agents, and employees of the Association and see to it that their duties are properly performed;

7.2.3

Budget and assess expenses for the Association, as follows: 7.2.3.i

A proposed budget of the income and expenses for the ensuing year shall be presented by the Treasurer to the Board of Directors 30 days prior to the Annual Association Meeting. Unless waived in writing by the member the final proposed budget shall be distributed by mail at least 14 days prior to the Annual Association Meeting to all Members of the Association with an itemized, estimated budget of the Common Expenses to be incurred by the Association during the coming fiscal year and including a comparison of the prior year actual costs. A 51% majority vote of the Members where a 30% quorum has been obtained is required to approve the proposed budget. The Annual Assessment for each Parcel shall equal the amount of the estimated operating budget, as adopted pursuant to the Bylaws (less any surplus

7


or plus any deficit from previous years), divided by the total number of Parcels in the Property. 7.2.3.ii

Fix the amount of the Annual Assessment against each parcel al least thirty (30) days in advance of each Annual Assessment period. The Annual Assessment may be paid in installments either monthly or quarterly as determined by the Board.

7.2.3.ili A Special Assessment may be declared by the Board at any Board meeting specifically noticed for the purpose of considering a Special Assessment and as defmed and described in Article 3.4 of the Declaration and Section 6 above. A Special Assessment in excess of $150.00 per Membership must be approved by a 51% majority vote of all the Members. 7.2.3.iv

Send written notice of each Annual Assessment to every Owner subject thereto at least ten (10) days in advance of Annual Assessment period, or in the case of a Special Assessment, thirty (30) days prior to the due date of such Special Assessment.

7.2.3.v

Provide 45 days notice of an intent to lien any property for which Assessments or Installments thereon are not paid and foreclose the lien 45 days after the lien is recorded and/or bring an action at law against the Owner personally obligated to pay the same.

7.2.4

Issue, or cause an appropriate officer to issue, on demand by any person, a certificate setting forth whether or not any assessment has been paid. A statement in a certificate to the effect that an assessment has been paid shall constitute conclusive evidence of such payment. The Board may impose a reasonable charge for the issuance of these certificates;

7.2.5

Procure and maintain adequate liability and hazard insurance on all property owned by the Association;

7.2.6

Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and

7.2.7

Cause the Common Area to be maintained, including the maintenance of any conservation easement and Surface Water Management System.

Section 7.3. Emergency Powers. In the event of any emergency as defined in Section (7.3.7) below, the Board of Directors may exercise the emergency powers described in this Section, and any other emergency powers authorized by Sections 617.0207, and 617.0303, Florida (2003), as amended from time to time. 7.3.1

7.3.2 7.3.3

The Board may name as assistant officers persons who are not Directors, which assistant officers shall have the same authority as the executive officers to whom they are assistant during the period of the emergency, to accommodate the incapacity of any officer of the Association. The Board may relocate the principal office or designate alternative principal offices or authorize the officers to do so. During any emergency the Board may hold meetings with notice given only to those Directors with whom it is practicable to communicate, and the notice

8


may be given in any practicable manner, including publication or radio. The Director or Directors in attendance at such a meeting shall constitute a quorum. 7.3.4

Corporate action taken in good faith during an emergency under this Section to further the ordinary affairs of the Association shall bind the Association; and shall have the rebuttable presumption of being reasonable and necessary.

7.3.5

Any officer, director, or employee of the Association acting with a reasonable belief that his actions are lawful in accordance with these emergency Bylaws shall incur no liability for doing so, except in the case of willful misconduct.

7.3.6

These emergency Bylaws shall supersede any inconsistent or contrary provisions of the Bylaws during the period of the emergency.

7.3.7

For purposes of this Section only, an "emergency" exists only during a period of time that Pelican Harbor Mobile Home Estates, or the immediate geographic area in which Pelican Harbor Mobile Home Estates is located, is subjected to:

7.3.8

7.3.7.i

a state of emergency declared by local civil or law enforcement authorities;

7.3.7.ii

a hurricane warning;

7.3.7.iii

a partial or complete evacuation order;

7.3.7.iv

federal or state disaster area status; or

7.3.7.v

a catastrophic occurrence, whether natural or man made, which seriously damages or threatens to seriously damage the physical existence of Pelican Harbor Mobile Home Estates, such as an earthquake, tidal wave, flood, fire, hurricane, tornado, war, civil路 unrest, or act of terrorism.

An emergency also exists for purposes of this Section during the time when a quorum of the Board cannot readily be assembled because of the occurrence of a catastrophic event, such as a hurricane, earthquake, act of war or terrorism, or other similar event. A determination by any two (2) Directors, or by the President, that an emergency exists shall have presumptive validity. ARTICLE VIII. OFFICERS AND THEIR DUTIES

Section 8.1. Duties. The duties of the officers include the performance of the following tasks directly and/or being responsible for the performance of thes tasks by a management company: 8.1 President. The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds, and other instruments, and shall in the absence of the Treasurer co-sign all checks and promissory notes. 8.2 Vice president. The Vice President shall act in the place of the President in the event ofthe President's absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required by the Board.

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8.3 Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it to all papers so requiring; serve notice of meetings of the Board and of Members; keep appropriate current

records showing the Members of the Association together with their addresses; and perform such other duties as may be required by the Board or by law. 8.4 Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts all funds of the Association, and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; shall keep proper books of account; shall cause an annual review of the Association books to be made by a certified public accountant at the completion of each fiscal year and a full audit at the end of every third fiscal year (per Florida statute 720.303.7a3 if annual budget in excess of $400,000); and shall prepare an Annual Budget and statement of income and expenditures, a copy of which documents shall be delivered to each Member, and a report on which shall be given at the Annual Meeting of Members.

ARTICLE IX. COMMITTEES The Association. shall appoint an Architectural Committee, as provided in the Declaration, a Nominating Committee as provided in Article V of these Bylaws, and a Fining Committee as provided in Article XI of these Bylaws. In addition, the Board of Directors may appoint such other committees or groups either stand or ad hoc as it may deem appropriate in the performance of its duties. For example: Section 9.1

Activities Coordinator

Section 9.2

Women's Club

Section 9.3

Men's Club

Section 9.4

Grounds and Beautification Committee

Section 9.5 Section 9.6

Sports (eg, Horse Shoes, Shuffle Board) Yacht Club ARTICLE

X. ASSESSMENTS

As more fully provided in the Declaration and elsewhere in these Bylaws, each Member is obligated to pay to the Association Annual and Special Assessments representing their equal share of the expenses of the Association, which are secured by a continuing lien on the property against which such Assessments are made. The lien shall secure the Assessment or installments thereon unpaid, plus all others coming due during the pendency of such lien including installments accelerated as below, plus all interest, administrative late fees, charges, and costs of collection incurred, including attorneys' fees.

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Section 10.1. Delinquencies. Any Assessments that are not paid when due are considered delinquent. If an Assessment is not paid within ten (10) days after the due date, the Assessment bears interest from the date due at the rate of eighteen percent (18%) per annum until paid. An administrative Late Fee of $25.00 shall be due on any Assessment Installment not paid within twenty (20) days of the date due. Section 10.2. Application of Payments. Any payment received by the Association shall first be applied to any interest outstanding, then to any late fee, cost or charge (including attorneys' fees) then due for the collection of the Assessment or Assessments, and lastly to the oldest Assessment or its installment then due, any restrictive endorsement to the contrary notwithstanding. Section 10.3. Remedies. Forty five (45) days after mailing (by certified mail) notice of its intentions to do so, the Association may: (a) accelerate all remaining installments in that budget year and/or (b) place a lien on the property. Said notice shall be effective upon mailing. Forty five days (45) after the lien has been recorded bring action to foreclose the lien against the property. At any time, the Association may bring an action at law for damages against the Owner personally obligated to pay the same. Interest, late fees, costs, and reasonable attorney fees of any such action (including appeals) shall be added to the amount of any Assessment due. Section 10.4. No Waiver. No Owner may waive or otherwise escape liability for assessments by non-use ofthe Common Area or abandonment ofthe lot, unit or parcel. ARTICLE XI. FINES AND SUSPENSION OF RIGHTS The Board shall suspend Owners' rights to use Common Areas and facilities and/or levy fines against the Owners for violations of the Rules and Regulations, Declaration or these Bylaws only as follows and as defined by Florida Statute 720.305. Section 11.1. Fining Committee. The Board of Directors shall appoint a Fining Committee to be comprised of three (3) to five (5) Owners who are not officers, Directors or employees of the Association, or the spouse, parent, child; brother or sister of an officer, Director or employee. The Fining Committee shall serve at the pleasure of the Board of Directors. Section 11.2. Complaint. Upon written complaint by an Owner, Board of Directors, Member, or agent of the Association, the Board of Directors shall determine whether a fine should be considered against an Owner for the failure of the Owner of the lot, unit or parcel or its tenants/occupants, licensees, or invitees, to comply with any provision of the Declaration, the Association Bylaws, or the Rules and Regulations of the Association. A written notice of violation shall be mailed to the Owner and referred to the Fining Committee. Section 11.3. Amount ($100.00) per violation as amended. However, violation with a single

of Fine. No fine shall exceed the higher of One Hundred Dollars or such amount as may be proscribed in Florida Statute ยง720.305, a fine may be levied on the basis of each day of a continuing notice and opportunity for hearing provided that no such fine in

11


the aggregate shall exceed the higher of One Thousand Dollars ($1,000.00) or such amount proscribed in said statute, as amended. Section 11.4. Notice of Violation and.Hearlng, The Board of Directors shall refer the matter to the Fining Committee for a hearing. The Fining Committee shall schedule a hearing and notify the Owner by written notice citing the specific provisions violated, the hearing location, the time and date for the hearing. The hearing shall not be earlier than fourteen (14) days after the mailing of such notice. At the hearing, both Owner and Association may be represented by counsel and call witnesses. If the Owner or their authorized agent does not respond to the notice of violation, the Fining Committee shall proceed with the hearing without the Owner or their representative present. Section 11.5. Committee Report and Levy. Within five (5) days of the conclusion of the hearing, the Fining Committee shall report in writing its findings and conclusions to the Board of Directors and the Owner. If the Fining Committee, by majority vote, does not approve a fine, the fine may not be levied. If the Fining Committee agrees with the fine, the Board of Directors may assess the fine at its next Regular or Special Board Meeting and shall notice the Owner by notice of fine. Section 11.6. Notices to be Certified. All notices described in this Article shall be sent by certified mail, return receipt requested, and shall be effective upon mailing. Section H.S.Legal Action. In any legal action to collect fines imposed pursuant to this Section the Association shall be entitled to collect its attorney's fees and costs. ARTICLE XII. BOOKS AND RECORDS; INSPECTION The books, official records,and papers of the Association shall be subject to inspection by any Member during ordinary business hours within ten (10) business days of the Association's receipt ofa Member's written request to do so. Reasonable rules concerning the inspection and copying of records may be made by the Directors. Copies of the official records shall be made available for sale at a price described by Florida Statutes. ARTICLE XIII. CORPORATE SEAL The Association shall have a seal in circular form having within its circumference the words: "PELICAN HARBOR CIVIC ASSOCIATION, INC.". ARTICLE XIV. FISCAL YEAR The fiscal year of the Association shall be start on April 1st of each year and shall end on March 31st ofthe following year.

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ARTICLE

xv. AMENDMENTS

These Bylaws may be amended by written consent, or at a regular or special meeting of Members, by the affirmative vote, in person or by proxy, of a 51 % majority of the voting interests of the Association. ARTICLE XVI. CONFLICTS In the case of any direct conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; in the case of any direct conflict between the Declaration and these Bylaws, the Declaration shall control. The foregoing Bylaws were approved by 72.5% of the Members [at a vote by mail by written consent pursuant to Florida Statutes ยง617.0307].

Tony Baker, Secretary

~.

I

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PELICAN HARBOR CIVIC ASSOCIATION, INC. Rules and Regulations These rules are adopted on this 18th day of December2007, by the Board of Directors of the Pelican Harbor Civic Association. The following Rules and Regulations are applicable to all parcel owners, tenants and guests within Pelican Harbor and are in addition to Pelican Harbor Articles of Incorporation, Declaration of Covenants Conditions and Restrictions, and the Bylaws of the Association. To enforce park rules and regulations, the Association may suspend membership privileges and/or levy fines as per PHCA Bylaws and Florida Statute, Chapter 720.305 Homeowners Association. 1. PARCEL / HOME APPEARANCE l.2

Grass shall be kept, mowed and trimmed (3" high is recommended).

1.3 Carports and driveways are to be kept neat and free of clutter. All items not used frequently should be enclosed in utility rooms or screen rooms. Major appliances such as refrigerators, food freezers, washing machines, dryers, water softeners, etc. are not permitted within view. 1.4 Only folding umbrella type clothes drying lines shall be permitted and must be placed only at the rear of the parcel. These clotheslines must be stored inside while Owner is away during the off season and when a Tropical Storm warning has been issued. 1.5 To maintain a clean attractive appearance, the home will be washed at least annually. 1.6 The homeowner must inform all contractors and workmen that the work schedule should begin no earlier than 8:00 AM and cease at 5:00pm. 2. PETS wildlife are not pets! Do not feed them 2.1

Cats and dogs and caged birds shall be the only types of pets permitted on park property.

2.2

Pets shall be limited to two (2) per Parcel. (see 2.8 below for existing condition)

2.3

Pets must be currently licensed and inoculated for rabies.

2.4

Pets must be kept inside the house or on a leash. (County Leash Law requires animal owners to have pets leashed and under control at all times.) When out of their home, all pets must be accompanied by a responsible person.

2.5

Pet owners must remove and properly dispose of pet excrement by placing it in a bag or other suitable container. Pet excrement shall NOT remain on the grass of any parcel in Pelican Harbor.

2.6

Pets are not allowed in any PHCA common area buildings or the Pool area.

2.7

The following breeds (or any mix thereof) shall not be allowed in the park: Akita, Chow, Doberman Pinscher, Pit Bull or Rottweiler. These breeds are deemed unsafe by the insurance industry and allowing them in the park would cause our liability insurance to be cancelled. (see 2.8 below for existing condition)

2.8

Existing pets: Prior to August 2007, members having more than 2 pets or a prohibited breed of pet may continue to do so only until such time as the pet dies or is given up and at which time the above rules shall apply.

3. CLUBHOUSE USE 3.1 All persons or groups within Pelican Harbor Village may use the Residents Lounge upon scheduling an ASSOCIATION event with the Activities Chairman. There is NO CHARGE for RESIDENT ONLY use of the lounge, however, all rules pertaining to the legal number of 1


persons permitted in the clubhouse by the Fire Marshal shall be observed an~ al! cl.ean~upis the responsibility of the Chairperson of the event Pelican Harbor does not provide janitoria] service. The clubhouse must be left clean and orderly. The carpet must be vacuumed, tables wiped, bathrooms and kitchen clean and all trash removed after the scheduled event. 3.2 No personal or private event may be held in any PHCA Common Area Building without prior Board approval and approval will not be given without proof of liability insurance to be obtained by the Event Chairperson. Evidence of insurance shall be presented to the Board. A $25.00 deposit will hold the date and be refunded if all the above conditions are met. 3.3

All residents shall have a key to the clubhouse and shall participate in the security of the building. The last person to leave after 7pm each evening shall lock both doors and turn out the lights. If you do NOT have a key for the building, it is your responsibility to get one from the Secretary of the PHBOD. 3.4 Nothing shall be placed in the Lounge, or on Pelican Harbor Village common areas without prior Board approval.

4. POOL AND POOL PATIO RULES! RESPONSIBILITIES 4.1

All residents are responsible for reading and observing the posted rules and regulations prior to using the swimming pool and associated patio area. The pool and patio deck is strictly reserved for the enjoyment and use of the residents of Pelican Harbor Mobile Home Estates, their tenants and guests. These rules and regulations are mandatory and are for safety, health, sanitation reasons and maintenance of the pool.

4.2

NO LIFE GUARD ON DUTY! Swim at your own risk. Do Not swim alone. In the event of an emergency dial 911 from the club-house telephone.

4.3

Every member of the Association in good standing has been issued a key to the swimming pool patio area. Entry to and from the pool patio area is through the chain link fence gates and not through the club house. The club house is not to be used as a changing room and no bare feet or wet bathing suits are permitted in the club house.

4.4

The use of the pools is restricted to residents and/or their overnight guests. Other guests are not to exceed four persons and limited to not more than twice per year. Residents are responsible for notifying their guests of the rules and requesting unauthorized people not to use the pool and patio area.

4.5

The maximum legal bathing load is 16 persons and the swimming pool hours are from 6:00am until 9:00pm daily.

4.6 No child allowed in the pool unless completely toilet trained. No diapers or disposable swim wear is permitted in the pool. 4.7

All children under the age of 12 must be accompanied by a parent or their guardian. Children between the ages of 12 through 17 must be accompanied by a companion.

4.8

Proper bathing attire in the pool is mandatory (no cut-offs, shorts, jeans, or foot wear). Bathers must shower before entering the pool. Individuals with long hair must wear a bathing cap or tie up and contain hair from free flowing. (long hair can get caught or clog drain).

4.9 No smoking, food or glass is permitted in the pool or patio area. Beverages must be in a non breakable container. 4.10 Manual and electronic wheel chairs are permitted in the patio area at the sole risk of the owner/operator. No bicycles, skate boards, roller skates or any other vehicle or conveyance with wheels are permitted in the pool patio area. 4.11 Noodles are permitted. No scuba gear, fins, beach balls (or the like), inner tubes or any type of floats or rafts. 4.12 No dogs, cats, or any other animals allowed in pool or patio area.

2


4.13 No horseplay, running, jumping or diving. 4.14 Do not ride, sit or play with any of the life saving equipment including the pool rope, floats, life

saving ring with throw rope or body crook. 4.15 Individuals using body lotions, sun tan oils and sun blocks are required to cover their lounge chair with a protective towel or cover and soap off before entering the pool. 4.16 Last person using the pool shall replace the pool rope and floats. 4.17 Last person using the pool shall replace the solar blanket when pool heater in use to conserve energy and minimize costs. (approximately October through April and when posted by the Board of Directors) 4.18 Last person leaving the pool patio area shall lock the gates. 5. UTILITIES

USE/ RESIDENT

RESPONSIBILITIES

5.1 Use of potable (household/drinking) water for watering lawns, washing cars, boats, homes, etc. must follow the City of Punta Gorda water usage guidelines. All of Pelican Harbor is governed by the "even" numbered address (6720 Riverside Dr.,) and rules are available at PG City Hall, (941-575-3339) or as published from time to time in the local newspapers. You may also call SWFWMD for the current guidelines regarding watering. 5.2 The washing of cars and other vehicles limited to any time on designated lawn watering days using a hose with automatic shut-off nozzle. Limit rinsing of boats and boat motors to ten (l0) minutes per day 5.3

Our sewer plant needs TLC! Please acquaint yourselves (and lor guests and tenants) with the attached sheet with do's and don'ts to keep it running smoothly!

6. PROHIBITED

ACTIVITIES

ARE AS FOLLOWS:

6.1 NO SMOKING in any PHCA common area buildings (including pool area) at any time. Cigarette butts are to be put in ashtrays and NOT tossed on the ground. 6.2 Loud talking, abnormal volume of the television or radio, any excessive noise, foul language or disruptive behavior, will not be permitted. 6.3 Adult supervision is required at all park recreational facilities for individuals under the age of 12. 6.4

Florida State Law prohibits the feeding of wild creatures including, but not limited to alligators, sea gulls, pelicans, squirrels etc. Remember animals fed during winter months are left to starve during the summer!

7. AUTOMOBILES/ 7.1

SPEED LIMITS I BOAT STORAGE / RV STORAGE AREA

PHCA NOT RESPONSIBLE FOR ANY DAMAGES ... PARK AT YOUR OWN RISK!

7.2 No parking on other driveways, except by that parcel owners written permission. Refer to PHCA Deed Restrictions for further information. 7.3

All boats stored under carports MUST be properly covered i.e. no plastic tarps (which become shredded by the summer sun) or any cover that isn't secure, to prevent high winds from ripping off said cover during storms

7.4

Speeds on the street shall not exceed 10 MPH.

7.5 All vessels shall observe no wake speed in PHCA canals. 7.6 No motorized vehicle shall make excessive noise, as defined by FL Statutes. 7.7

We are fortunate to have a storage area for boat trailers etc. Since we have a limited number of storage spots, there is only room for each parcel to use ONE SLOT! Please be considerate of other park residents and use only ONE SLOT. 3


7.8 NO AUTOMOBILE PARKING IN THE TRAILERJRV STORAGE AREA. 7.9 No Sailboats or any stored unit of any kind cannot exceed 14' in height and must not be closer than 75' of any FPL Utility Pole, according to our legal agreement with FPL re: their maintenance easement rights on our property. 7.1 0 All units MUST have the Jot number ofthe owner attached to the unit. (Use a waterproof tag or permanent ink if exposed to the weather.) ID must be placed where it is easily read by the persoms) maintaining the area. 7.11 Any unit that is not marked will be removed at the owners expense. 7.12 No overnight camping in RV Parking, Common Areas, Vacant Lots or Driveways. 8. MISCELLANEOUS 8.1 In the event of a disaster (flood, hurricane, etc.) the PHCA allows only 1 (one) PODS unit, lO'x16', per parcel. No other types of sheds or storage units are permissible. NOTE: Members of the Association Board of Directors donate their time and efforts and they should only be contacted on a personal basis in an emergency. Gateway Management (941-629-8190) will handle all other issues and or complaints. Another option is to put your comments or concerns in writing and send them to the attention of the Pelican Harbor Civic Association Board of Directors. SEWER PLANT DO'S AND DON'TS: Sewage from Pelican Harbor Mobile Home Estates does not discharge into a large, municipal waste water disposal system. Waste water here goes to our own small sewage treatment plant, which is VERY SENSITIVE to any contaminants. They cause MAJOR COSTLY PROBLEMS! This means that you must exercise great care about what you flush down the toilet or pour down the sink! Our system cannot handle: 1. FRUIT SKINS 2. PAPER TOWELS 3. SANITARY NAPKINS 4. TAMPONS

5. COOKING FATS 6. OILS OF ANY KIND 7. KLEENEX 8. CONDOMS 9. GREASE 10. GASOLINE 11. PAINT & PAINT THINNER 12. RAGS

NOTE: OPEN ~r BR~KEN Sewer Pipes cause dirt and sand into the system resulting in extensive damage to the Lift Station pumps. Report all problems and/or violations to Management.

4


3432.- -'" .

OR BOOK INSTR II 1892~GS

vLCr;" VI- CIRCUIT COURT 2099-2101 3 pg(s)

Doc TYPe CTF, Rewrded 11/13/2009 al 09:47 AM Rec. Fee: $27.00 Cashiered By: NANCYLA Doc. #:1

CERTIFICATE OF AMENDMENT REFLECTING THE ADOPTION OF AMEND1v1ENTS TO THE AMENDED AND RESTATED BYLAWS FOR PELICAN HARBOR MOBILE HOME ESTATES

The undersigned officer of Pelican Harbor Civic Association, Inc., a Florida not-far-profit corporation organized and existing to operate and maintain Pelican Harbor Mobile Home Estates, according to the Declaration of Covenants, Conditions and Restrictions thereof as originally recorded at O.R. Book 355, Page 847, etc. as amended of the Public Records of Charlotte County, Florida, hereby certifies that: 1. The attached Amendments to the Amended and Restated Bylaws for Pelican Harbor Mobile Homes Estates were approved by not less than 51% of the votes of the members at a membership meeting held on September 23,2009 and Januaryu' 2009. IN WITNESS WHEREOF, the Assoc~n its authorized officer this day of I

4

yJ

has caused this instrument to be executed by ,2009, in Charlotte County, Florida. .

PELICAN HARBOR CIVIC ASSOCIATION, INC. .J

Witnesses: . "-' ...J.oo.~~<::..::&lw~.=-:=.-=' ::....!o.oc....

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..

(Second Witness)

STATE OF FLORIDA COUNTY OF CHARLOTIE

~~I\V PIJ. +-0 •••• "'~C'

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ad

of '27tf!'. 6/ known t me or has produced ·~=->t--=-~~]~n:-::ot) take an oath. ~@-ffl:lHALL:.I'-day

2009,

*

~~>"?(OF f\.r:PQ

SUSAN R. BAKER MY COMMISSION IDO 580392 EXPIRES: September 5 2010 Bonded Thill!Udget IIotIty

My Commission Expires:

038540.0000.24

s.~

~"''-~~ Not~ Public

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QU s;:;d·· A·· BI+,k'ele..·'·-'

Printed Name

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3


AMEND11ENTS TO AMENDED AND RESTATED BYLAWS SET FORTH BELOW are those Amendments to the Amended and Restated Bylaws of Pelican Harbor Civic Association, Inc. as determined by a vote of not less than 51% of the members at membership meetings held on September 23,2009 and January _,2009: 1.

Section 3.1 of the Bylaws is revised to read as follows: "(Section 3.1). Robert's Rules of Order. To the extent not inconsistent with the Association's Declarations, Articles of Incorporation, or otherwise as set forth in these Bylaws, the most current edition of Robert's Rules of Order shall be followed at all member's meetings and at all board meetings."

2. Section 3.5 of the Bylaws is amended to increase the notification requirements from fourteen (14) to thirty (30) days and is hereby revised to read as follows: "(Section 3.5). Notice of Meetings. Unless directed by a member in writing to provide a hand delivered or e-mailed notice of meeting, a written notice of each membership meeting shall be given by, or at the direction of, the secretary or other per,son to call the meeting, by mailing a copy of such notice, postage pre-paid, at least thirty (30) days, but not more than sixty (60) days before such meeting to each member entitled to vote thereat. Such notice shall be mailed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of receiving notice. Such notice shall specify the day, hour, and place of the meeting, and in the case of a special meeting, the purpose of the meeting." 3. Section 5.1 of the Bylaws is amended to provide a specific date for the closing of nominations and to provide for the requirement that candidates must provide a letter of intent and have the option of providing information stating qualifications and is hereby revised to read as follows: "(Section 5.1). Nomination. Nominations for the election to the Board of Directors shall be solicited and coordinated by a nominating committee. The nominating committee shall consist of a chairman appointed by the directors, and two more members of the Association. The committee shall be appointed by the Board of Directors prior to each annual meeting to serve from the close of

038540.0000.26

1


such meeting until the close of the next annual meeting, and such appointment shall be announced at each annual meeting. The nominating committee shall make as many nominations for election to the Board of Directors as it shall, in its discretion, determine adequate. In no event, shall it nominate less than the number of vacancies to be filled. Individual members interested in serving on the Board of Directors may submit their intention in writing to the nominating committee, or the management company. Nominations, including nominations from the floor, shall be open from January 2 and run until the earlier of the close of the concurrent January civic meeting or the fourth Wednesday of January of each year, at which time nominations shall be closed. All candidates must sign a letter of intent to run within the nomination period. All candidates may give (1) 81/2 by 11 inch page to the management company setting forth their qualifications as well as a brief statement to be included with the ballot mailing. A nominee must be a member in good standing and meet qualifications set forth in Section 4 above." 4. Section 3.3 of the Bylaws shall be amended to move the annual meeting date to the fourth Wednesday in February beginning in 2010 and shall be revised to read as follows: "(Section 3.3). Annual Meeting. Annual membership meetings shall be held on the fourth Wednesday of February of each year at 7:30 p.m. in the residence lounge. If the day for the annual meeting is a legal holiday, the meeting will be held at the same hour on the next day following the day that is not a legal holiday. Notice of the annual meetings stating the time and the place of the annual meeting shall be posted on the property and sent to each member by United States mail, at least fourteen (14) days prior to the annual meeting unless waived in writing by the members. Hand delivery and/or electronic mail delivery is acceptable where permissible by law and when approved by the individual member."

5. The terms of the current members of the Board of Directors and the existinzo budzet ::: are hereby extended until the annual meeting date in the year 2010.

038540.0000.26路

2


/Pelican%20Harbor%20By-laws  

http://www.pelicanharborcommunity.com/Pelican%20Harbor%20By-laws.pdf

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