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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS (dated 2-24-05)
MYRTLE BEACH HARDEE AIRPARK
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This Declaration of
Covenants, Conditions and Restrictions is made this 15th day of October, 2001,
by H & H Developers, LLC, a South Carolina Limited Liability Company,
hereinafter referred to as the "Declarant".
WHEREAS, the Declarant is the owner of certain real property located in
Loris, South Carolina, and fully described as Section ____ of the Myrtle Beach
Hardee Airpark LLC. Plat of a survey prepared by INMAN SURVEYORS of Tabor City
N.C., dated October 15, 2001
and to be recorded herewith in the office of the RMC for Horry County, Loris,
South Carolina, and desires to create thereon a residential planned development
so improved as to afford each landowner the natural and structural beauty for
the accommodation of a gracious living and at the same time provide convenience
of facilities for the furtherance of their common interest in aviation.
WHEREAS, the Declarant desires to insure the values and amenities in said
planned development, to prevent any future impairment thereof, and to provide
for the maintenance of all common areas, by subjecting the real property,
together with any additions to said property, to the covenants, restrictions,
easements, charges, and liens hereinafter set forth, each of which is and are
for the benefit of each property and each owner thereof.
WHEREAS, the Declarant has deemed it desirable for the efficient
preservation of the values and amenities in said planned development to create
an agency to which will be delegated and assigned the powers of maintaining and
administering the planned development properties and facilities and
administering and enforcing the covenants and restrictions and collecting and
disbursing the assessments and charges hereinafter created. For this purpose the
Declarant has caused to be incorporated under the laws of South Carolina as a
non-profit corporation, Hardee Property Owners Association, Inc.
NOW, THEREFORE, Declarant, by this DECLARATION of Covenants, Conditions
and Restrictions, does hereby declare that all the property described herein and
shown as lots 1 up to 150 on the Hardee Subdivision plat dated September , 2003
by INMAN SURVEY, Inc.. for Horry County, South Carolina is and shall be held,
transferred, sold, conveyed and occupied subject to the covenants, conditions,
restrictions, easements, charges and liens set forth in the Declaration which
shall run with the real property and be binding on all parties owning any right,
title or interest in said real property or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof.
Declaration of Covenants, Conditions, and
Restrictions
TABLE OF CONTENTS
Article I Definitions
1.1 Architectural Control
Committee
1.2 Architectural Guidelines
1.3 Association
1.4 By-Laws
1.5 Common Area
1.6 Declarant
1.7 Development/Properties
1.8 Lot
1.9 Mortgage
1.10 Mortgagee
1.11 Owner
1.12 Runway
1.13 Taxi-way
Article II The Association
2.1 Dedication of Common
Area
2.2 Responsibility for
Common Area
2.3 Membership
2.4 Classes of Membership
and Voting Rights
2.5 Compliance with the
Document
2.6 Rules and Regulations
2.7 Ownership of Personal
and Real Property for Common Use
2.8 Assistance to
Architectural Control Committee
2.9 Implied Rights and
Obligations
Article III Architectural Control Committee
Article IV Architectural Guidelines and Rules
4.1 Land Use
4.2 Partition of Combination
of Lots
4.3 Commercial Businesses
Prohibited
4.4 Common Area
4.5 Architectural Control
4.6 Dwelling Size
4.7 Location
4.8 Structure Material
4.9 Kind of Home
4.10 Driveways
4.11 Drainage
4.12 Continuity of
Construction
4.13 Reconstruction
4.14 Construction Traffic
4.15 Hangar Specifications
Article V Restrictions and Covenants
5.1 Failing to Comply
5.2 Maintenance
5.3 Sewage
5.4 Toxic
Article VI Aircraft and Hangar Restrictions and Parking
Article VII Runway
Assurances and Operations
Article VIII Easements
and Setbacks
Article IX Insurance
Article X Right of First
Refusal
Article XI Maintenance
Assessments
Article XII Duration,
Amendments and Enforcement of Covenants
Article XIII Principle of
Interpretation
Article XIV Condemnation
Article XV Expansion
ARTICLE I Definitions
Section 1.1
Adjoining Land shall mean and refer to land contiguous with the Property,
whether or not owned by Declarant, which is or may be made subject to this
Declaration.
Section 1.2
Annexation shall mean and refer to the process by which portions of the
Expansion Property or
Adjoining
Land
are made subject to this Declaration as provided
in Article XVI below.
Section 1.3
Architectural Control Committee (ACC) shall mean and refer to a committee
formed to maintain the quality and architectural harmony of improvements to the
Development.
Section 1.4
Architectural Guidelines shall mean and refer to the guidelines and rules
established and supplemented from time to time by the Architectural Control
Committee.
Section
1.5 Articles or Articles of
Incorporation shall mean and refer to the Articles of Incorporation of the
Association which will have been filed with the Secretary of State to create the
Association.
Section 1.6
Assessments shall mean and refer to Annual, special and default
assessments levied pursuant to Article XI below to meet the estimated cash
requirements of the Association.
Section
1.7 Association shall mean and
refer to the Hardee Airpark Property Owners Association, LLC., a non-profit
Limited Liability South Carolina corporation its successors and assigns.
Section 1.8
Board of Directors shall mean and refer to the Board of Directors of the
Association, which is the governing body of the Association.
Section 1.9
By-Laws shall refer to the bylaws of Hardee Airpark Property Owners
Association attached to the Declaration and incorporated herein by this
reference.
Section 1.10
Myrtle Beach Hardee Airpark shall mean and refer to the planned community
created by this Declaration, consisting of the property and of all improvements
located on the property.
Section 1.11
Hardee Airpark Documents shall mean and refer to the basic documents
creating and governing Hardee Airpark, including but not limited to this
Declaration, the Articles of Incorporation and Bylaws of the Association, the
Architectural Guidelines and any Procedures, Rules, Regulations or Policies
adopted under such documents by the Association of the Architectural Control
Committee.
Section 1.12
Common Area shall mean any and all real and personal property and
easements and other interests therein, together with the facilities and
improvements located thereon, now and hereafter owned by the Association for the
common use and enjoyment of the Owners.
Section 1.13
Declarant Shall mean and refer to Hardee & Heidebrink Developers, LLC
a South Carolina Limited Liability Company, and its successors-in-title and
assigns. It is expressly understood that there shall be only one person or legal
entity entitled to exercise the right and power of the "Declarant".
Section 1.14
Declaration of Annexation shall mean and refer to a declaration prepared
and recorded in accordance with Article XVI below to incorporate the Adjoining
Land within the Property governed by this Declaration.
Section 1.15
Development/Properties Shall mean and refer to certain real property and
interest therein described as Phase I, II, III of Hardee Estates Plat attached
hereto, and such additions thereto as made by the Declarant.
Section
1.16 Improvements shall mean
and refer to all buildings and structures, parking areas, fences, walls, hedges,
plantings, pools, driveways, ponds, lakes, recreational facilities, signs,
changes in any exterior color or shape, excavation and all other site work
including without limitation grading, road construction, utility improvement,
removal of trees or plantings, and any new exterior construction or exterior
improvement which may be included in the foregoing. "Improvements"
does not include turf, shrub or tree repair or replacement of a magnitude which
does not change exterior colors or exterior appearance. "Improvements"
does include both original improvements and all later changes and improvements.
Section 1.17
Licensor shall mean and refer to Hardee Airpark Property Owners
Association, LLC, a South Carolina Limited Liability Company, which owns the
runway and will issue licenses for the use of said runway.
Section
1.18 Lot shall mean and refer
to any plot of land within the Hardee properties whether or not improvements are
constructed thereon, which constitutes or will constitute a single family
dwelling. The ownership of each Lot shall include all the rights, title, and
interest of an Owner in the Common Property, which shall include without
limitation, membership in the Association.
Section 1.19
Maintenance Fund shall mean and refer to the fund created by assessments
and fees levied pursuant to Article XI below to provide the Association with the
funds required to carry out its duties under this Declaration.
Section 1.20
Member shall mean and refer to any person or entity holding membership in the
Association.
Section 1.21
Mortgage shall mean and refer to any mortgage, deed to secure debt, deed of
trust, and any and all similar instruments used for the purpose of encumbering
real property in this Development as security for the payment or satisfaction of
an obligation.
Section 1.22
Mortgagee shall mean and refer to a holder of a mortgage.
Section 1.23
Owner shall mean and refer to the record owner, whether one or more
persons, of the fee simple title to
a Lot located within the Development, and entitled to one vote per Lot as a
member of the Hardee Property Owners Association, but excluding those having
such interest merely as security for the performance of an obligation.
Section 1.24
Plat shall mean and refer to any plat (or as-built survey) depicting the
Property filed in the R.M.C. office for the County of Horry, State of South
Carolina, as such Plat may be
amended from time to time.
Section 1.25
Property shall mean and refer to the Property initially subject to this
Declaration and any additional Real Property from time to time subject to these
Covenants pursuant to the provisions of this Declaration.
Section 1.26
Recreational Facilities shall mean and refer to the recreational
facilities or amenities owned by Declarant and located within the Property from
time to time.
Section 1.27
Runway shall mean that property located at the center of the subdivision
used for the purpose of aircraft takeoffs and landings.
Section 1.28 Taxi-way
shall mean and refer to those right-of-ways radiating from the runway or
otherwise as shown on the Plat for the purpose of providing access for aircraft
to and from the runway.
ARTICLE II
The Association
Section 2.1
Dedication of Common Area. Declarant may hereafter convey to the
Association certain parts of the property as Common Area intended for common use
by the owners in Hardee Airpark Owners Association L.L.C. Such designated areas
shall, upon conveyance, be dedicated to the common use and enjoyment of owners,
and their families, guests, tenants, and invitees.
Section
2.2 Responsibility for Common Area.
Subject to the rights of the owners set forth in this Declaration, the
Association shall be responsible for the management and control of the Common
Area dedicated under Section 2.1 above and all improvements in the Common Area
(including equipment related thereto), and shall keep it in good, clean and
attractive condition and repair consistent with the requirements of a first
class residential and recreational community, pursuant to the terms and
conditions of this Declaration.
Section
2.3 Membership. Every Owner, by
virtue of being an Owner and for as long as he is an Owner, shall be a Member of
the Association. Membership shall be appurtenant to and may not be separated
from ownership of any Lot. No Owner, whether one or more persons, shall have
more than one membership per Lot owned, but all of the persons owning each Lot
shall be entitled to rights of membership and of use and enjoyment appurtenant
to such ownership. The combination of two or more original Lots will be
considered a single Lot for membership and assessment purposes. The Articles of
Incorporation and Bylaws of the Association may set forth additional
classifications of membership, which Members may or may not be Owners.
Section
2.4 Classes of Membership and
Voting Rights. Each Member shall be entitled to one vote for each Lot, according
to the plat. When more than one person holds an interest in any Lot, all such
persons shall be Members. The vote for such Lot shall be exercised as the Owners
among themselves determine, and the Secretary of the Association shall be
notified of such designation prior to any meeting. In the absence of such
notification, the vote allocated to the Lot shall be suspended in the event more
than one person or entity seeks to exercise the right to vote. Any Owner of a
Lot which is leased may assign his voting right to the tenant, provided that a
copy of the Instrument of Assignment is furnished to the Secretary of the
Association prior to any meeting at which the tenant exercises the voting right.
All leases shall require, without limitation, that the tenant acknowledge
receipt of a copy of the Declaration, the Bylaws, Architectural Guidelines, and
the Restrictions and Covenants of the HAPOA. The lease shall also obligate the
tenant to comply with the foregoing. Also fines may be levied against Owners or
occupants, and if a fine is first levied against an Occupant and is not paid
timely, the fine may then be levied against the Owner.
Section
2.5 Compliance with the Document. Each Owner shall abide by and benefit from the
Provisions, Covenants, Conditions, and Restrictions contained in the HAPOA
Covenants and Restrictions and Bylaws. A copy of the Association Rules in effect
shall be distributed to each Member of the Association, and any change in the
Association rules shall be distributed to each Member within a reasonable time
following the effective date of any change.
Section 2.6
Rules and Regulations. The Association from time to time and subject to
the provisions of the HAPOA Documents, may adopt, amend and repeal rules and
regulations, to be known as "Association Rules," governing, among
other things and without limitations:
a. The Use of Open Space,
b. The Use of Private Roads,
c. Collection and Disposal
of Garbage and Trash,
d. The Posting of Maximum
Speeds for Vehicular Traffic and Other Traffic Rules,
e. The Types of Vehicles and
Times when any Vehicles (including Commercial Vehicles) may be permitted to use
the roads within Hardee Airpark or any other area of the Property.
f. The Schedule of Fines for
Infractions of the Association Rules or the Project Documents.
Section 2.7
Ownership of Personal and Real
Property for Common Use. The Association, through action of its Board of
Directors, may acquire, hold and dispose of tangible and intangible personal
property and real property. The Board, acting on behalf of the Association, may
accept any real or personal property, leasehold or other property interest
within Hardee Airpark conveyed to the Association by Declarant.
Section 2.8
Assistance to Architectural Control Committee. The Association shall in
all respects cooperate with and assist the ACC in the complete attainment of the
ACC's functions, and the enforcement of its architectural guidelines, rules,
regulations and decisions.
Section 2.9
Implied Rights and Obligations. The Association may exercise any other
right or privilege given to it expressly by the Hardee Airpark Documents, and
every other right or privilege reasonably
to be implied from the existence of any right or privilege given to the
Association under this Declaration or reasonably necessary to effectuate any
such right or privilege. The Association shall perform all of the duties and
obligations imposed upon it expressly by the Hardee Airpark Documents, together
with every other duty or obligation reasonably to be implied from the express
provisions of the Hardee documents where reasonably necessary to satisfy any
such duty of obligation.
ARTICLE III
Architectural Control Committee (ACC)
Myrtle Beach Hardee Airpark is designed as a private residential community
with strict architectural controls which allows aircraft owners and pilots
convenient access to the runway. To insure that the property will be developed
harmoniously and that consistency is maintained throughout the Development, an
Architectural Control Committee will formulate, review and control a
comprehensive landscape plan, street lighting, signs, fencing, parking and site
improvements including structures of all types as set forth in the Architectural
Guidelines and Rules. The initial Architectural Control Committee shall consist
of (3) members: Eldred Hardee,
Ronald Heidebrink and future home owners, or their designees. In the event of
the failure or inability, for any reason, of a member to act, the vacancy
created shall be filled temporarily or permanently, as necessary, by the
remaining members of the ACC. At such a time as the Development is being
completed the above members or their designees, may relinquish the powers of the
ACC to the Owner's Association. At that time, at least one of the members of the
initial ACC may choose to continue their position on the new ACC, the other
members shall be appointed by the Board of Directors of the Owner's Association.
The new ACC will promulgate such guidelines as may be necessary to implement the
architectural review process not inconsistent with established practice. Any
expenses incurred by the ACC will be paid for by the Association.
The Architectural Control Committee (ACC)shall:
3.1. regulate the external
design, appearance, and location of the Properties and Lots and any
improvements thereof.
3.2. adopt architectural
guidelines and programs consistent with covenants and restrictions.
3.3. inspect for compliance
with these guidelines.
3.4. adopt procedures for
the exercise of its duties.
3.5. maintain complete and
accurate records of all actions taken.
Notwithstanding anything to
the contrary contained herein, the Architectural Control Committee or its
designee shall be authorized to grant individual variances from any of the
provisions of this Declaration, the Bylaws and any rule, regulation or use
restriction promulgated pursuant thereto if it determines that waiver of
application of enforcement of the provision in a particular case would not be
inconsistent with the overall scheme of development for the community.
ARTICLE IV
Architectural Guidelines and Rules
Section 4.1.
Land Use. All Lots shall be used for residential purposes only and common
recreational purposes auxiliary thereto and for no other purpose. No lot shall
be used as a right-of-way, street or road, or access to any property not
included within the Properties of this Development without the written consent
of the Declarant. Only one family may occupy a Lot as a principal residence at
any one time. No structure, except as herein provided shall be erected, altered,
placed or permitted to remain on any lot other than one (1) detached single
family dwelling and such accessory buildings or hangar as shall be used in
connection with the dwelling or residence. Such accessory buildings or hangar
may not be constructed prior to the completion of the dwelling unless waived by
the ACC and then limited to a one year completion deadline. Furthermore the
accessory building or hangar shall comply with all other restrictions contained
herein for the main dwelling, including, but not limited to, exterior
requirements, setback lines and permanent foundations. A guest suite or a like
facility without a kitchen may be included as part of the main dwelling or
accessory building, but such suite may not be rented or leased except as part of
the entire premises including the main dwelling. Furthermore, no airplane
hangar, or any portion thereof, shall be used as a primary residence in any
manner whatsoever.
Section 4.2.
Partition or Combination of Lots. No Lot shall be subdivided or its
boundary lines changed except with prior written approval of the Declarant.
Declarant, however, hereby expressly reserves the right to re-plat any Lot or
Lots. Declarant's consent shall be conditioned upon payment by the Owner or
Owners concerned of all expenses incident to giving the consent, including legal
and accounting fees. Every agreement and recorded instrument for combination of
Lots shall make adequate provisions for the adjustment of voting rights and
liability for payment of assessments appurtenant to or imposed upon such Lots.
Whether combined or unchanged, each Lot shall be conveyed, transferred, gifted,
devised, bequeathed, encumbered or otherwise disposed of, as the case may be,
with all appurtenant rights and interests created by law or this Declaration,
including the membership in any association and all the rights thereof.
Section 4.3.
Commercial Businesses Prohibited. No commercial business of any type
shall be permitted; however, nothing herein contained shall be construed as
preventing the Declarant from erecting and maintaining facilities of a
commercial, recreational or community nature or facilities incident to the use
of the runway, taxi-way and easements. This should not exclude any home office,
but no customer, clients, or patients can be seen on residential premises. Also,
this should not exclude work done on non-owned aircraft so long as such work is
done inside a hangar and the completed aircraft confirms with all requirements
as set forth in these covenants. No one, other than the Declarant, can allow the
use of the airport or runway for commercial activity or for self-enterprise.
Section 4.4
Common Area. The Common Area shall be owned by the Declarant or the
Association and no Owner shall bring any action for partition or division of the
Common Area by acceptance of a deed or other instrument of conveyance or
assignment, each Owner shall be deemed to have specifically waived such Owner's
right to institute or maintain a partition action or any other action designed
to cause a division of the Common Area, and this section may be pleaded as a bar
to any such action. Any owner who shall institute or maintain any such action
shall be liable to the Declarant or the Association, and hereby agrees to
reimburse the Declarant or the Association for its costs, expenses and
reasonable attorney's fees in defending any such action.
Section 4.5.
Architectural Control. No dwelling unit, hangar or other building shall
be erected, placed or altered on any Lot until the plans for each showing
locations of the units on the Lot and the landscaping plan for the Lot have been
submitted to and approved by the Architectural Control Committee. Such plans
shall be reviewed as to quality of workmanship and materials, harmony of
external design with existing dwelling units and hangars, and as to location
with respect to topography and finish grade elevation, and house, hangar and
other buildings shall be of similar architectural design, before being approved
by Architectural Control Committee or its successor or assigns. No home, garage,
hangar or other building may be constructed on any lot unless such work meets
all County Codes then in existence. A copy of the builder or contractor's
license must be submitted with construction plans to the ACC.
Section 4.6.
Dwelling Size. Each single family dwelling on a Lot shall have a heated
square foot area of 1600 minimum. Runway lots on 18/36 minimum heated is 2000
square feet. No dwelling unit shall be permitted on any Lot that has a ground
floor area of the main structure, exclusive of porches, patios, hangars and
garages of less than 1000 square feet on the first floor for one and one-half
story, split-level, and two story dwellings. If a dwelling incorporates a
basement, such basement shall not be considered a "level" or
"story" and the level of the dwelling immediately above the basement
shall be considered the "first level" or "first story" of
such dwelling. Each dwelling shall include space for parking at least two
automobiles within an enclosed garage or hangar in accordance with Section 5.15.
Section 4.7.
Location. In order to assure that all structures will be located with
regard to the topography of each individual Lot, taking into consideration the
elevation contours of the Lot, the location of adjoining dwellings, and similar
considerations, the Declarant or the ACC reserves unto itself, its successors
and assigns, the right to control absolutely and solely to decide the precise
site and location of any structure, improvements, and utilities upon all Lots
and every Lot within the Development; provided, however, that such location
shall be determined only after reasonable opportunity is afforded the Owner to
recommend a specific site, and in any event all buildings (including eaves,
decks, patios and steps) shall be constructed beyond the minimum setback lines.
Section 4.8.
Structure Material. Unless specifically otherwise approved in writing by
the ACC, all structures constructed or placed on any Lot shall be built of
substantially new materials and no used structures shall be relocated or placed
on any such Lot. No dwelling shall have an exterior surface composed of asbestos
siding, exposed concrete block, cinder block, aluminum siding, or other similar
material. Vinyl siding products will be considered on a case by case basis.
Section 4.9.
Kind of Home. No mobile or manufactured homes of any kind, or any home
having the same general appearance, shall be permitted on any Lot. No building
or structure of a temporary nature: trailer, tent, shack, garage or other
out-building shall be erected or maintained on any Lot at any time. Furthermore,
no building shall be permitted on any Lot unless it is erected on a solid
foundation of brick or masonry from the ground level to first floor level.
Section 4.10. Driveways.
Driveways and walkways shall be constructed of asphalt, concrete, brick or other
suitable hard-top surface with a minimum thickness of four inches or as approved
by the ACC. If any driveway is to cross a drainage ditch, the Owner will be
required to install, at his own expense, all necessary culverts and coverings
prior to the commencement of any other construction on the Lot. The installation
of the culvert and any covering must be approved by the ACC.
Section 4.11.
Drainage. No owner shall do or permit any work, construct any
improvements, place any landscaping or suffer the existence of any condition
whatsoever which shall alter or interfere with the drainage pattern of the
Property, except to the extent such alteration and drainage pattern is approved
in writing by the Declarant or HAPOA, and except for the rights reserved to
Declarant to alter or change the drainage patterns.
Section 4.12.
Continuity of Construction. All structures approved by the ACC must be
completed insofar as the exterior finish is concerned within 12 months from the
date of issuance of a building permit for said structure. The ACC may waive this
requirement if construction delays have been caused by strikes, war, fire, or
acts of God which render the completion of construction within such time
impossible. All improvements commenced on the Property shall be executed
diligently to completion and shall be completed within 12 months of
commencement, unless an exception is granted in writing by the ACC. If an
Improvement is commenced and construction is then abandoned for more than ninety
(90) days or if construction is not completed within required 12 month period,
then after notice and hearing as provided in the By-laws, the ACC may impose a
fine of up to One Hundred ($100.00) Dollars per day on the Owner of the Lot.
Furthermore, prior to occupancy of the dwelling or within one year after the
issuance of a Building permit , the lot owner shall have his property sown in
grass and have planted foundation landscaping around the dwelling and other
accessory buildings in accordance with the proposed landscaping plans previously
submitted and approved.
Section 4.13.
Reconstruction. Any building on any Lot which is destroyed in whole or in
part by fire, windstorm, flood or other Act of God must be rebuilt, or all
debris from such building removed and the Lot restored to the condition it was
in prior to commencement of construction of such building with reasonable
promptness; provided, however, that any such reconstruction must be commenced
within 3 months from the date of such destruction or if no reconstruction is to
occur, then all such debris must be removed and the Lot restored to its prior
condition within 3 months of such destruction.
Section
4.14. Construction Traffic.
Construction traffic is prohibited on the common area runway, taxi-way, and tie
down areas. The failure of a lot owner to prevent construction traffic
associated with his lot from entering upon the common area runway, taxi-way, and
tie down areas shall make that Lot owner liable for any necessary repairs caused
by construction traffic upon these areas. Lot owners shall specifically include
a clause in their construction contracts prohibiting contractor equipment from
entering upon the common areas, runway, taxi-way, and tie down areas.
Section 4.15.
Hangar Specifications. Each Lot adjoining the taxi-way right-of-way may
have a hangar for the storage of private aircraft. Such hangar if constructed,
must be compatible with the adjoining dwelling unit and will be subject to ACC
approval and architectural controls. No hangar shall be erected within the front
yard (closer to the street than the front of the dwelling) on any Lot, and only
within the rear or side yards unless approved by the ACC. No hangar shall be
erected nearer than 25 feet from side lot lines nor nearer than 25 feet from Lot
lines facing interior taxi-ways. Hangars built facing the runway must be at
least 75 feet from the lot line adjoining the runway and all hangars must
conform with Section 8.1. All
hangars erected, constructed or maintained upon any lot shall be fully enclosed
permanent structures and shall not exceed 2000 exterior square feet, which size
shall include any space allocated for workshop, restroom facilities, storage
area or any other purpose. A hangar may be built before the dwelling house only
when permitted in writing by the Architectural Control Committee but substantial
completion of the dwelling house insofar as the exterior finish is concerned
must be accomplished within 12 months from date of issuance of building permits
for hangar structure. Any change from the above specifications will require
written permission of the ACC. Hangars
in excess of 2001 Sq. Ft. must meet building codes and be on Lots in excess of
one and one half acres. The ACC and Declarant must approve its location.
ARTICLE V Restrictions
and Covenants
Section 5.1 Failing to Comply:
In the event the owner of any lot shall fail to comply with any of the below
mentioned criteria, or fails to maintain the premises and the exterior of the
improvements situated thereon, or permits litter and debris to accumulate on his
lot, or allows hedges or other plantings to obscure the view of the street
traffic, or fails to comply with any other reasonable fire preventive
requirements, the HAPOA, through its agents and employees, shall have the right
to enter upon such premises and to repair, maintain, rehabilitate and restore
the exterior of any improvements situated thereon and/or clean or clear any lot
of debris, or take any other steps necessary to remove litter and debris, or
take any other steps necessary to meet reasonable fire preventive regulations;
provided, however, that the HAPOA, or its agents, shall first give written
notice to the owner of said lot of its intention to make such repairs or of its
intention to perform such clearing, maintenance or rehabilitation work,
affording the owner of said lot 30 days in which to make said necessary
repairs, maintenance, or clearing work. If at the end of this period the
work to be performed has not been done by the owner, then the HAPOA, or its
agents, shall have the right, as set forth herein, to make such repairs, etc.
Nothing herein contained shall be construed to grant to the HAPOA or its agents,
any right to enter into or inside of any building located on any lot without the
consent of the owner thereof. Any costs incurred by the HAPOA, or its agents, in
enforcing and carrying out of the performance of this paragraph shall be charged
against the owner of said lot, and a lien may be created on said lot until the
HAPOA, or its agents, has been paid in full for all costs incurred.
Section 5.2.
Maintenance. All Owners shall keep their Lots, whether occupied or
unoccupied, free of all tall grass, dead, diseased or decaying trees, weeds,
trash, rubbish, and debris and keep
all Lots in a neat and attractive condition. All improvements erected on Lots
shall be maintained in a clean neat and orderly condition and in a good state of
maintenance and repair.
Section 5.3.
Sewage. No discharge, overflow, or accumulation of sewage effluent from
any septic tank, drain field or other similar container shall be permitted to
exist on any Lot.
Section
5.4 Toxic Disposal Prohibited.
Disposal on the site of any substances which may be considered toxic or
environmentally sensitive is expressly prohibited. Disposal of any substances
which may contaminate the ground water of this subdivision or the surrounding
area is prohibited. These substances include, for example, but are not limited
to, paints, solvents, cleaning fluids, paint strippers, fuel and oil.
Section
5.5 Unsightly Materials Prohibited.
No rubbish, garbage, debris, junk, junk vehicles, or unsightly material shall be
deposited on any of the lots at any time except building material during the
course of construction on the site. All rubbish, waste, or garbage shall be kept
in sanitary containers, and shall be removed from the premises at least once a
week. Under no conditions shall the use of incinerators or burning be allowed on
this property except during the construction phase. No dismembered aircraft
parts nor non-operative aircraft are to be left about the premises.
Section
5.6. Hazardous Activities.
Nothing shall be done or kept on any Lot or in the Common Area which will
increase the rate of insurance on the Common Areas or any other Lot without the
prior written consent of the Declarant or the HAPOA. No Owner shall permit
anything to be done or kept on his Lot or in the Common Areas which would result
in the cancellation of insurance on any part of the Common Areas, or which would
be in violation of any law.
Section
5.7. Nuisance. No noxious or
offensive activity shall be conducted upon any Lot or in any dwelling nor shall
anything be done thereon or therein which may be or may become an annoyance or
nuisance to the neighborhood.
Section
5.8. Outside Toilets. Outside
toilets or privies are expressly prohibited, except where required for
construction purposes or approval by the HAPOA.
Section
5.9. Wall Hangings. An Owner
shall not cause anything to be affixed or attached to, hung, displayed or placed
on the exterior walls, doors, balconies or windows of his Dwelling or exterior
buildings which may adversely affect the appearance of Hardee Airpark without
the prior written approval of the Architectural Control Committee.
Section
5.10. Children. Children will
be the direct responsibility of their parents or legal guardians, including full
supervision of them while within the Development and including full compliance
by them with this rule and with all other rules and regulations of the HAPOA.
All children under twelve (12) years of age must be accompanied by a responsible
adult when entering and/or utilizing any recreational facility. In order to
control the overall appearance of the community, no swing sets, play sets,
sandboxes, basketball backboards, tree houses, animal houses or animal pens
shall be erected so as to be visible from
any roadway or adjoining property, unless approved in advance by the ACC.
Section
5.11. Pets. Pets and other
animals shall neither be kept nor maintained in or about the properties except
in accordance with the following. Commercial breeding or feeding of horses,
cattle, goats, hogs, sheep or poultry; the operation of a commercial dairy; dog
boarding kennel or veterinary hospital; and the operation of a commercial livery
or boarding stable for horse; or a riding academy; and the keeping of any hog or
milk cow or horse, are strictly prohibited. It is understood, however, that this
restriction shall not be construed to prohibit the keeping of a limit of three
(3) domestic animals (canine or feline) for family pleasure, provided that
domestic animals must be restrained by fence or other appropriate protective
restraint. This restraint should be from the farthest possible point from the
adjoining property, and all appropriate measures must be taken by the lot owner
to eliminate and prevent offensive odors and any unsightly accumulations from
said animals. Noisy animals, such as incessantly barking dogs, must be
controlled by their owners. No pet shall be permitted outside of its owners Lot
unless attended by an adult or child of more then ten (10) years of age and said
pet must be on a lease of reasonable length. At no time are any unattended
domestic animals or pets allowed on the runway or taxi-way easements.
Section 5.12.
Noise. No Owner shall make or permit any disturbing noises on their Lot
by himself or his family, servants, employees, agents, or visitors, nor permit
any conduct by such persons that will interfere with the rights, comforts or
convenience of other Owners. There shall be no discharging of firearms or
fireworks on the premises.
Section 5.13.
Electronic Equipment. No electronic equipment may be permitted in or on
any
Lot
which
interferes with the television or radio reception of another
Lot
.
Section 5.14:
Satellite Dish. No awning, canopy, shutter, enclosure, satellite dish or
other projection shall be attached to or placed upon the outside wall or roof of
any structure or on the Lot, except by the approval of the Architectural Control
Committee. Small, inconspicuous satellite dishes will be most compatible.
Satellite dishes over forty inches in diameter must have ACC approval.
Section 5.15.
Vehicles and Parking. Each home shall include an enclosed garage, or
hangar with enough room for two standard automobiles with their plane, either
attached or freestanding. The garage/ hangar must be completed prior to
occupancy of the dwelling unless allowed by the ACC. Carports are prohibited. No
owners’ vehicles shall be parked on any street. No boat, motor home, travel
trailer, other recreational vehicle, or commercial truck, may be stored
overnight on any Lot unless the same be within an enclosed garage. Furthermore,
no wrecked or junked motor vehicles or vehicles without a current license plate
and registration shall be placed upon the premises, and no commercial vehicles
shall be parked overnight in the subdivision without the prior written consent
of the ACC. No motor vehicle or aircraft of any kind shall at any time be parked
or tied down on any of the taxi-ways, overruns, roadways or rights-of -way,
except as permitted by the ACC in writing. Visitor parking areas will be
available. No aircraft or vehicle can be parked within the 75 feet setback of
the runway for SAFETY reasons.
Section 5.16.
Fuel Storage. No bulk storage of flammable, combustible or explosive
fluids, chemicals or substances shall be allowed in any Dwelling, or on any Lot,
or on the Common Areas, except that small quantities of fuels used for common
activities such as lawn mowing, BBQ grills and other like activities may be kept
when stored in a manner which minimizes the risk of fire or explosion. Lot
Owners may not store bulk quantities of fuels used for aviation purposes on Lots
or in buildings.
Section
5.17. Fences and Hedges. The
erection or installation of fences and hedges may be undertaken only with the
written approval of the ACC. All fencing shall be located behind the rear
building line of the main dwelling; shall be composed of materials other than
metal, except that vinyl coated chain link fence may be allowed by the ACC if
the fence is built in such a way that it is not visible from any road in the
Development, and in no event shall exceed five (5) feet in height. Decorative
fences (meaning wooden fencing, split-rail fencing or wooden fencing which has
holes in the posts with wood rails running from post to post) and hedges, no
more than 36 inches in height, may be permitted in the front or side yards. No
fencing of any kind is allowed on any easement, taxi-way, or runway. Barbed wire
is specifically prohibited.
Section
5.18. Signs. No signs of any
character shall be erected, pasted, posted, or displayed upon or about any Lot
or part of any Lot, or common Area, without the written permission of the ACC.
The ACC shall have the right in its sole discretion to prohibit or to restrict
and control the size, construction, material, wording, location and height of
all signs and may summarily remove and destroy all unauthorized signs. Declarant
and Lot owners, however, may post temporary "For Sale" or "For
Rent" signs on the Properties and these signs must be approved before being
put on any Lot. No sign shall be attached to any tree or shrubbery. All signs
must be professionally lettered, and may not contain the price of the house or
lot. Furthermore, signs used by a builder during construction or informational
signs by the Declarant shall be allowed.
Section 5.19.
Clothes Lines. No clothing, laundry, or wash shall be aired or dried on
any portion of the Lots in an area with a substantial exposure to view from any
other Lot or street. Drying areas will be permitted only in locations approved
by the Architectural Control Committee and only when substantially protected
from view by screening or fencing approved by the Architectural Control
Committee.
Section 5.20.
Flag Poles: Flag Poles are permitted, provided the pole is not more than
20 feet in height, unless otherwise approved by the Architectural Control
Committee.
Section
5.21. Antennas. No radio or
television aerial or antenna or any other external electronic equipment or
devices may be installed or maintained on any exterior of any structure erected
on a Lot unless the location, size, and design has been approved by the ACC.
Said antennae or equipment shall be subject to FAA and FCC regulations
concerning obstructions placed in the vicinity of airports. Furthermore, all
electrical, telephone, other utility lines shall be run underground.
Section
5.22. Outdoor Lighting. One or
more hospitality light standards, of a design approved by the ACC, may be
located within the front yard of any Owner's property. Any outdoor lighting
positioned and installed by a lot owner shall be of such a nature and type so as
not to present a hazardous or confusing condition to night air operations which
may be conducted from said airport and be shaded so as not to create a nuisance
to any other lot owner. No light poles within 15 feet of any street.
Section 5.23.
Window Units: No window air conditioning units that can be seen from any
street shall be installed without the consent of the ACC.
Section 5.24.
Mail Boxes. Each dwelling shall have a standard house number, mail box,
and paper box with a design and location approved by the ACC.
Section 5.25.
Swimming Pools. No non-permanent or "above ground" pools
may be placed, maintained or kept on any Lot.
Section 5.26.
Artificial Vegetation, Exterior Sculpture, Exterior Statuary ,Etc. No
artificial vegetation or plastic animal decorations, such as pink flamingos,
etc., shall be permitted on the exterior of any property. Exterior sculpture,
fountains, bird baths, bird houses, and similar items must be approved by the
ACC, if visible from the front of any Lot or any adjoining street.
Section 5.27.
Mining. No boring, mining, quarrying, exploring for or removing oil or
other hydrocarbons, minerals, or gases shall be conducted on the Property.
Section 5.28.
Trees. Trees having a diameter of four inches or more (measured four feet
from ground level) may not be removed without the prior approval of the
Architectural Control Committee.
Section
5.29. Wells and Water Removal. No
wells shall be drilled, dug or installed except with the approval of the ACC.
Section 5.30.
Access. There shall be no overland vehicular access to any Lot except
from designated roads and taxi-ways lying within the Common Areas. The
Declarant, HAPOA or its agents or employees shall have access to each Lot from
time to time during reasonable working hours, upon oral or written notice to the
Owner, as may be necessary for the maintenance, repair or replacement of any
portion of the Common Areas, or facilities situated upon such Lot which serve
another Owner's Lot. The Declarant, HAPOA or its agent shall also have access to
each Lot at all times without notice as may be necessary to make emergency
repairs to prevent damage to the Common Areas or another Lot.
Section
5.31. Amendments to Regulations.
Reasonable regulations governing the use of the Common Areas and external
appearance of all structures erected on the Lots may be made and amended from
time to time by the Declarant or the Architectural Control Committee; provided,
however, that all such regulations and amendments thereto shall be approved by a
majority vote of the Directors of the Owners Association before the same shall
become effective.
Section 5.32.
Waterfront Areas and Waterways. Any Lot which abuts any lake, stream and
pond shall be subject to the
following restriction;
(a) The use and access to
the inland lakes and lake front areas shall be restricted to the water front lot
owners only or must be approved by the Board.
ARTICLE VI Aircraft &
Hangar Restrictions and Parking
Section 6.1.
Hangar & Tie-Down Space for Private Use Only. The airplane hangar or
tie-down space on each lot shall be limited to strictly private use and only by
the owner of the property on which the hangar or tie-down space is located
except as permitted herein. No person who is not a member of the HAPOA shall be
permitted to store, tie-down, or hangar any aircraft on the property without the
express written permission of the Board of Directors. The Board of Directors
will have the authority to specify the terms and conditions under which a non
member's aircraft may be stored, hangared or tied down.
Section
6.2. Aircraft Hangars. All
hangars are subject to the Architectural Control Committee approval, and must be
architecturally compatible with the primary structure on the Lot. All aircraft
hangars must be constructed in conjunction with or subsequent to the
construction of a residence. Hangars may be detached from or attached to a
primary structure in accordance with local building regulations. Specifically,
hangars shall be detached from the living area with a minimum of five (5) feet
between the buildings including overhanging construction, unless approved fire
proofing of the hangar removes risk of house damage from a fire within the
hangar lasting for one hour or less.
Section 6.3.
Two or More Aircraft. If two or more aircraft are owned by lot owner, one
aircraft, not stored in a hangar, may be secured with tie downs adequate for the
size and weight of the aircraft. Until a dwelling and hangar are under
construction or built, no aircraft shall be tied down overnight on the lot
unless approved by the ACC. The one tied-down aircraft must be in airworthy
condition as defined by current Federal Aviation Regulations (FAR's) except as
permitted by the Board of Directors in writing.
Section
6.4. Unattended Aircraft.
No aircraft shall be parked on any part of the runway, taxi-way or easements and
all aircraft parked or left for any period of time unattended within Lots shall
be securely tied down. If any aircraft is found within any Lot, not tied down
and unattended, the Board of Directors or its agents may, but are not obligated
to, secure it at the expense of the Owner of said aircraft.
Section
6.5. Run-ups.
"Run-ups" and testing of engines within residential areas should be
limited to the hours of 8:00 am and 8:00 PM. But in any event the
"run-up" shall not be done in such a manner as to cause inconvenience
or damage to the property of others.
Section 6.6.
Stunt Flying. No low-level flying stunts nor other hazardous activities
will be permitted about the subdivision. Each Owner is required to strictly
observe all Federal, State, and Local Statutes, Regulations or Ordinances
relative to the operation of civil aircraft.
Section
6.7. Aircraft Size. No aircraft
with gross weight exceeding 10,000 lbs., and no jet aircraft may operate on the
taxi-ways, easements, or runways without written permission of the ACC. The
aircraft owner's manual specifications will be the source of the aircraft
weight, and if no copy of the owner's manual is available, "Jane's
Encyclopedia of Aviation" or equivalent reference manual may be used.
Section 6.8.
Speed Limits. Aircraft shall taxi at less than 15 miles per hour on all
taxi-ways. Pilots are cautioned to
avoid increasing engine RPM to high levels as part of our noise abatement
program and to avoid blowing sand and dirt on following aircraft and in
residential areas.
Section 6.9.
Taxi-Way Courtesy. Moving aircraft shall have the right of way at all
times. Automotive traffic must yield at all taxi-ways crossings and on dual
purpose streets. No taxi-ways other than those designated by Declarant as
combination street/taxi-ways shall be used by any vehicle other than aircraft or
aircraft service vehicles, unless pursuant to a valid access permit granted by
the HAPOA. Aircraft shall have a right of way on taxi-ways, and all aircraft on
taxi-ways must anticipate use of passing areas for approaching aircraft. Use of
2 way radio during any movement of aircraft on airpark is mandatory for safety.
Section 6.10.
Commercial Business. No commercial aircraft business shall be permitted
on a Lot. This should not exclude work done on non-owned aircraft so long as
such work is done inside a hangar and the completed aircraft conforms with all
requirements as set forth in these covenants.
Section 6.11.
Storing Parts. There shall be no storage of dismantled or disabled
aircraft on the Lots or the Common Areas. Aircraft being repaired and aircraft
parts must be kept within an enclosed hangar building which has been approved by
the Architectural Control Committee. Parts of aircraft, including but not
limited to, fuselages, wings, engines, horizontal and vertical stabilizers,
ailerons, rudders, landing gear and spare parts may not be stored in yards where
visible from the street, taxi-way, or adjoining lots, but must be stored inside
the hangar or other building approved by the ACC.
ARTICLE VII Runway Assurances and Operations
Section 7.1.
Continued Operation. Inasmuch as Hardee Airpark subdivision is developed
for individuals involved in the sport and hobby of aviation, every purchaser,
lessee or grantee of any property now or hereafter subject to this declaration,
by acceptance of a deed, lease or other conveyance thereof, thereby agrees that,
the runway and taxi-way shall remain and be maintained as such until such time
as 80% of the Lot owners and the Declarant consent to its dissolution or its
operation is interrupted or terminated by local, state or federal authorities.
The Declarant warrants that the runway in existence on the property as of this
date will continue to be operated as such.
Section 7.2.
Complaints. As this is an aviation community, owners understand, and
agree, that lot owners, their heirs, or assigns relinquish any right to
complain, object, or take any legal remedies to stop aviation related activities
in the Development.
Section
7.3. Control of Runway. The
Licensor shall have the right to control the use of the runway and taxi-way and
may prohibit the use of the runway or taxi-way by any aircraft deemed unsafe to
either the life or health of individuals or the condition and maintenance of the
field by virtue of its size, design or state of repair.
Section 7.4. Control of Airport
Grounds and Operation. The Declarant
or the Licensor shall have the right to make rules and regulations relative to
the easements, taxi-way, runway, air traffic patterns around the airport,
grounds and related facilities, affecting the use of said premises, and all lot
owners agree to comply with said rules and regulations and are subject thereto,
including any such rules and regulations that may be added from time to time.
Section 7.5.
Withholding of Use. The Declarant or the HAPOA shall have the right to
withhold from, restrict, or charge an individual assessment for the use of the
Common Area, including the runway, to any Owner:
a) who is in default in the
payment of any assessment fee; or
b) who, in the judgment of
the Declarant or the HAPOA, uses the Common Areas or his aircraft in a negligent
manner or in a manner harmful to the rights of other users; or
c) who, in general, violates
the published rules and regulations of the Association.
Section 7.6.
Limitation of Declarant's Obligations. It is expressly understood and
agreed that the establishment of the Common Areas or the declaration of these
restrictions does in no way place a burden of affirmative action on the
Declarant to make any of the improvements noted herein, or extend to the grantee
any service of any kind.
ARTICLE VIII
Easements and Setbacks
Section 8.1. Setback Requirements.
No house or building may be constructed within 75 feet of the centerline of any
designated street. No house, hangar or obstacle may be constructed or grown
within 15 feet or the outer edge of a taxi-way.
For all lots the setback line is 25 feet from any side lot line for
hangars and other freestanding buildings and 25 feet from any side lot line for
houses. All buildings, including houses, must be setback 75 feet from any rear
lot line facing or adjoining a runway. A 35 foot clear zone easement shall be
established along all lot lines facing runways or taxi-ways where no aircraft
may be parked; no trees or other obstacles are allowed in this area. A 10 foot
easement along some sides of some lots and along all
sides adjoining any designated street are reserved for underground
utility and or drainage purposes. The established setbacks may be varied by the
ACC following prescribed methods.
Section
8.2. Access. Owners of some
lots shall be and are herewith granted and conveyed a right of ingress and
egress by way of a permanent easement from their lots onto the A taxi-way, said
easement to be for the use of the aircraft operated by the lot owners and their
authorized guests. This easement is solely limited to aircraft traffic, to the
exclusion of all other vehicular traffic unless specifically authorized by
permit. Some of the easements are established along the rear and side lot lines
as shown on the plat.
Section 8.3.
During Construction. During the development period, the Declarant or its
agent reserves a blanket easement and right on, over and under the ground within
the Property to maintain and to correct drainage of surface water in order to
maintain reasonable standards of health, safety and appearance. Such right
expressly includes the right to cut any trees, bushes or shrubbery, make any
grading of the soil, or to take any other similar action reasonably necessary,
following which the Declarant or its agent shall restore the affected property
to its original condition as near as possible. The Declarant or its agent shall
give reasonable notice of intent to take such action to all affected Owners,
unless, in the opinion of the Declarant or its agent, any emergency exists which
precludes such notice. The Declarant or its agent, however, in the exercise of
such easement rights shall not disturb any
living dwelling or other substantial improvement upon any property.
Section 8.4.
Maintenance. In order to implement effective insect and woods fire
control, the Declarant or HAPOA reserves for itself and its agents the right to
enter upon any lot on which a residence has not been constructed and upon which
no landscaping plan has been implemented (with prior written approval of the ACC
for such plan), such entry to be made (at the expense of the Owner of the Lot)
by personnel with tractors or other suitable devices for the purpose of mowing,
removing, clearing, cutting or pruning underbrush, weeds, or other unsightly
growth, which in the opinion of the Declarant or HAPOA detracts from the overall
beauty, setting and safety of the Property. Such entrance shall not be deemed a
trespass. The Declarant or HAPOA and its agents may likewise enter upon such
land to remove any trash which has collected on such Lot without such entrance
and removal being deemed a trespass. The provisions in this paragraph shall not
be construed as an obligation on the part of the Declarant or HAPOA to mow,
clear, cut or prune any lot nor to provide garbage or trash removal services.
ARTICLE IX
Insurance
Section 9.1.
By the Declarant or HAPOA. The Declarant or HAPOA or its duly authorized
agent shall have the right and power to obtain insurance to the extent
reasonably available for all improvements on the Common Areas against loss or
damage in an amount sufficient to cover 100 percent (100%) of the replacement
cost of any repair or reconstruction work in the event of damage or destruction
from any reasonable hazard. The Declarant or HAPOA may also obtain a broad form
public liability policy covering all Common Areas. In the event of damage or
destruction to property insured by the Declarant or HAPOA by fire or other
casualty, the Declarant, HAPOA or its agent shall, upon receipt of the insurance
proceeds, contract to rebuild or repair such damaged or destroyed portions of
the property to as good a condition as formerly enjoyed. In the event the
insurance proceeds are insufficient to pay all costs of repairing or rebuilding
of such destroyed improvement, the Declarant, HAPOA or its agents shall levy a
special assessment against all Owners to make up such deficiency. In the event
the insurance proceeds exceed the cost of repair, the excess proceeds shall be
distributed to the respective Owners and Mortgagees as their interests appear.
Section 9.2.
Liability Insurance by Declarant or HAPOA. The Declarant or HAPOA shall
have the right and power to obtain a comprehensive policy of public liability
insurance insuring the Association and its Members for all liability for
property damage, bodily injury or death in connection with the operation,
maintenance and use of the Common Area within Hardee Airpark Properties.
Section 9.3.
By the Owner. It shall be the individual responsibility of each owner to
provide, as he sees fit, insurance on the improvements on his Lot in the event
of damage or destruction from all reasonable hazards. Each Owner shall provide
as he sees fit homeowners liability insurance, theft and other insurance
covering personal property damage or personal liability loss.
Section 9.4.
Aircraft Liability Insurance. Every Owner or user of a certified
aircraft, experimental aircraft or ultra light vehicle which is based on the
Property shall provide the Licensor or the Association or their agent with a
current Certificate of Insurance for aircraft liability before they can use the
runway. Failure to provide the Certificate of Insurance and to maintain such
insurance shall result in the automatic suspension of the Owner or user's right
to use the Common Area including the runway.
ARTICLE X Right
of First Refusal
Section 10.1.
Applicability. Except for sales and conveyances by the Declarant, no
unimproved Lot may be sold by any Owner except in compliance with the provisions
of this Article. Buyer has 3 years in which to build or, may resell lot. The 3
year period starts at the first closing date.
Section 10.2.
Right of First Refusal. In the event any Owner receives a bona fide
written offer from a third party to purchase his unimproved Lot, such Owner
shall immediately notify the Declarant of such offer and shall forward a copy of
said written offer, together with the name and address of the offer, to the
Declarant. Upon receipt of said notice, Declarant shall have fifteen (15) days
to notify such Owner that it desires to purchase his Lot on the same terms and
conditions as set forth in the offer. If Declarant notifies such Owner of its
desire to purchase the Lot, then Owner shall convey the Lot to the Declarant
according to the provisions of Section 10.3 below. In the event that the
Declarant elects not to purchase the Lot or fails to notify the Owner of their
decision within such fifteen (15) day period, then the Owner may sell the Lot to
the third party offer on terms and conditions no less favorable to the Owner
than those set forth in the original offer; provided, however, that if such sale
and conveyance does not take place to the original third party offer within one
hundred twenty (120) days after Declarant's failure to exercise its right of
first refusal. Then the Lot shall again become subject to the terms and
conditions of this Article X. Any conveyance by an Owner to third party offer
shall be subject to the terms and conditions of this Declaration.
Section 10.3.
Transfer to Declarant. In the event that Declarant exercises its right of
first refusal pursuant to Section 10.2 hereof, the closing of the conveyance of
such Lot shall occur as provided in the third party offer. At the closing,
Declarant shall make such payments in cash, by a promissory note, or otherwise
to the Owner as described in the third party offer. Owner shall deliver to the
Declarant a general warranty deed conveying the Lot free and clear of all
exceptions except as may be set forth in the written offer and subject to this
Declaration. In the event the closing occurs after the death of an Owner,
Declarant may, in its discretion, require the personal representative of the
Owner to post such bonds or other assurances as the Declarant may deem
reasonable in order to protect the Declarant from any loss which might be caused
by the failure to pay any federal or state inheritance tax or the failure to pay
the claims of any creditors who may have a lien on the Lot superior to
Declarant's rights as a purchaser of said Lot.
Section 10.4.
Death of an Owner. The personal representative, heirs, successors and
assigns of any Owner who dies while owning any Lot shall become an Owner subject
to the terms and conditions of this Declaration and any subsequent sale,
transfer, and conveyance of such Lot shall be governed by the provisions of this
Article X.
ARTICLE XI
Maintenance Assessments
Section 11.1.
Creation of the Lien and Personal Obligation for Assessments. Declarant,
for each Lot owned within the Property, hereby covenants, and each Owner of any
Lot, by acceptance of a deed therefore, whether or not it shall be so expressed
in any such deed, is deemed to covenant and agree to pay to the Association:
(a) Annual assessments or
charges as provided in this Declaration for the purpose of funding the
maintenance fund.
(b) Special assessment for
capital improvements and other purposes as stated in this Declaration; such
annual and special assessments to be fixed, established and collected from time
to time as provided below.
(c) Default assessments
which may be assessed against an Owner's Lot pursuant to the HAPOA Documents for
failure to perform an obligation under the HAPOA Documents or because the
Association has incurred an expense on behalf of the Owner under the HAPOA
Documents. The annual, special and default assessments, together with interest,
costs and reasonable attorney's fees, shall be a charge upon the land and shall
be a continuing lien upon the Lot against which each such assessment is made
until paid. Each such assessment, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the Owner of such Lot
at the time when the assessment fell due.
Section
11.2. Purpose of Assessments.
The assessments levied by the Association shall be used exclusively to promote
the recreation, health, safety and welfare of the Owners and occupants of Hardee
Airpark and for the improvement and maintenance of the common Area, including
but not limited:
(a) to keep the Common Areas
clean and free from debris and to maintain any amenities located thereon in a
clean and orderly condition, to maintain the landscaping thereon in accordance
with the highest standards for private parks including any necessary removal and
replacement of landscaping, and to repair, replace, and provide for additions to
the improvements as stated in the Hardee Airpark Documents.
(b) to pay all taxes, if
any, levied against the Common Areas and any properties owned by the
Association.
(c) to install and maintain
any light fixtures along roads and streets in the Development to provide street
lighting therefore, as may be approved by the Association.
(d) to erect and maintain
entrance signs at the entrances to the Development and signs on the Common
Areas, said signs to be of standard construction and quality.
(e) to pay the premiums on
all hazard insurance carried by the Association on the Common Areas and all
public liability insurance carried by the Association pursuant to the By-laws.
(f) to provide such security
services as may be deemed reasonably necessary for the protection of the Common
Areas from theft, vandalism, fire and damage from animals.
(h) to provide such garbage
removal services as may be approved by the Association for all Lots.
Section 11.3.
Date of Commencement of Annual Assessment; Due Dates. A one time $1000.00 membership fee
will be required before or at the time of closing. This $1000.00 can only be
used for improvements within the Airpark. All property added to the Airpark and
any new member wanting to use the common grounds will be required to pay the
$1000.00 membership fee. The annual assessments shall commence as to all Lots on
February 1, 2004. Upon the sale of a Lot by Declarant to a new Owner, the annual
assessments shall commence as to that Lot on the fi |
Hardee Airpark
