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BOCA WINDS

Homeowners Association, Inc.

(Originally known as MAINSTREET HOMEOWNERS' ASSOCIATION, INC.)

DECLARATION OF COVENANTS AND RESTRICTIONS

MAINSTREET

INDEX

DECLARATION OF COVENANTS AND RESTRICTIONS

MAINSTREET

1. DEFINITIONS

2. LOTS, UNITS, COVENANTS, RULES AND REGULATIONS

2.1 Use Restrictions
2.2 Development Purposes
2.3 Landscaped Areas
2.4 Garages and Storage Areas
2.5 Antennas and Flagpoles
2.6 Accessory or Temporary Buildings
2.7 Garbage Containers, Oil and Gas Tanks, Air-Conditioners
2.8 Automobiles, Commercial and Recreational Vehicles, etc.
2.9 Outside Storage of Personal Property
2.10 Nuisances, Animals and Pets
2.11 No Filling-In
2.12 Docks
2.13 Boats
2.14 Easements
2.15 Rules and Regulations
2.16 Clothes Lines
2.17 Setback Lines, Size of Buildings and Building Height
2.18 Signs
2.19 Trees
2.20 No Subdividing
2.21 Leases
2.22 Rights of Declarant
2.23 Bay Winds Covenants and Restrictions

3. THE ASSOCIATION

3.1 Purpose
3.2 Membership in the Association
3.3 Voting Rights
3.4 No Assessments of Certain Lots/Dwelling Units

4. COMMON PROPERTIES

4.1 Common Properties
4.2 Conveyance, Ownership and Certain Reservations
4.3 Members Easements of Enjoyment
4.4 Limitations

5. MAINTENANCE

5.1 By Unit Owners
5.2 By the Association

6. ASSESSMENTS

6.1 Maintenance and Other Assessments
6.2 Effect of Non-Payment of Assessments; Remedies
6.3 Limitation Upon Certain Assessments
6.4 Working Capital Contribution
6.5 Financing of Cost of Common Property Improvements

7. RIGHTS OF INSTITUTIONAL MORTGAGEES

7.1 Right to Notice
7.2 Right to Financial Statement
7.3 Subordination of Assessment Liens to Mortgages

8. TAXES AND INSURANCE

8.1 Taxes
8.2 Insurance
8.3 Default by the Association

9. ARCHITECTURAL REVIEW COMMITTEE

9.1 Creation and Composition
9.2 Design Standards
9.3 Review of Plans and Specifications
9.4 Building Construction
9.5 Certificates
9.6 Violations

10. GENERAL PROVISIONS

10.1 No Liability of Declarant
10.2 Covenants Running with the Land
10.3 Persons Bound
10.4 Amendments to Declaration
10.5 Enforcement of Restrictions
10.6 Severability
10.7 Termination of Declarant's Rights
10.8 Unit Destruction
10.9 Gender and Plural
10.10 Priority of Assessment Liens
10.11 Notice to Declarant or Association
10.12 Notice to Owner

DECLARATION OF COVENANTS AND RESTRICTIONS MAINSTREET

THIS DECLARATION ("Declaration") made this 20th day of October, 1986 by BW2 ASSOCIATES, a Florida general Partnership.

WITNESSETH:

WHEREAS, Declarant is the record owner in fee simple of real property described in Exhibit 'A" attached hereto and intends to develop thereon and on other real property as set forth herein a residential community to be known as MainStreet; and

WHEREAS, in order to develop the community and preserve the values and amenities of the property constituting the same, it is necessary to declare and subject the Property to certain land use covenants, servitudes, impositions, easements, restrictions,

reservations, regulations, burdens and liens and to delegate and assign to a corporation certain powers and duties of ownership, administration, operation and enforcement.

NOW, THEREFORE, in consideration of the premises and the covenants herein contained, Declarant hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the Covenants hereinafter set forth in this Declaration, which shall constitute a covenant running with the land and shall be binding on, and inure to the benefit of, the Property and all parties having any right, title or interest in the Property, or any part thereof, their heirs, personal representatives, successors, and assigns.

1. DEFINITIONS

1.1 Definitions. The following terms, when used in this Declaration, shall have the meanings set forth below:

1.1.1 "ARTICLES" and "BY LAWS" shall mean the Articles of incorporation and the By-Laws of the Association, copies of which are attached hereto as Exhibits "B" and "C", respectively.

1.1.2 "ARC" shall mean the Architectural Review Committee established pursuant to Article 9 of this Declaration.

1.1.3 "ASSESSMENTS" shall mean a share of the Association expenses allocated to each Owner required for the payment of the ssociation expenses which from time to time are assessed against the Lots and Units and Lot Owners, and shall include periodic, general, special or other assessments.

1.1.4 "ASSOCIATION" shall mean and refer to MainStreet Homeowners Association, Inc., a Florida corporation not for profit, its successors and assigns, which is the entity responsible for the ownership, operation, management, maintenance, repair and replacement of certain portions of the Property as hereinafter provided.

1.1.5 "BOARD" shall mean the Board of Directors of the Association.

1.1.6 "BAY WINDS DECLARATION" shall mean the Declaration of Covenants and Restrictions of Bay Winds P.U.D. as recorded in O.R. Book 4414, Page 0101, Palm Beach County Public Records.

1.1.7 "BWHA" shall mean the BW Homeowners Association, as described in the Bay Winds Declaration.

1.1.8 "COMMON PROPERTY" or "COMMON PROPERTIES" shall mean and refer to 'those tracts designated as Common Property and dedicated to the Association on the Plats of the Property and such other properties, both real and personal, as provided in this Declaration. It is the intention of the Declarant to designate portions of the Property as Common Properties and to convey fee simple title thereto to the Association as hereinafter provided.

1.1.9 "COVENANTS" shall mean the servitudes, impositions, easements, restrictions, reservations, regulations, burdens and liens created by this Declaration.

1.1.10 "DECLARANT" shall mean BW2 Associates and such of its successors and assigns to whom it shall assign all or part of its rights, duties and obligations by instrument recorded among the Public Records of Palm Beach County, Florida.

1.1.11 "DEVELOPER(S)' shall mean any builder or developer other than Declarant who purchases Lots within MainStreet for the purpose of constructing Dwelling Units on such Lots for ultimate sale to Owners.

1.1.12 'DWELLING UNIT" or "UNIT" shall mean and refer to a building situated on a Lot or Lots designed and intended for use and occupancy as a residential dwelling unit. A Lot may contain one or more Units, and a Unit may be a single family home, townhouse, villa, apartment, condominium unit, patio home or other attached or clustered dwellings.

1.1.13 "INSTITUTIONAL 'MORTGAGEE' shall mean a bank, savings and loan association, insurance company, credit union or union pension fund authorized to do business in the United States, an agency of the United States government, Federal National Mortgage Association "FNMA" Federal Home Loan Mortgage Corporation ("FNLMA"), Government National Mortgage Association ('GM4A'), a real estate or mortgage investment trust or lender generally recognized in the community as an 'institutional type lender".

1.1.14 "LOT' shall mean and refer to any residential Lot as shown on a Plat as presently or hereafter recorded or modified.

1.1.15 "MAINSTREET" shall mean that residential development (tothe extent made subject to this Declaration) located within the Property.

1.1.16 "MEMBER' shall mean an Owner who is a member of the Association as provided in the Articles, By-Laws and provisions hereof.

1.1.17 "NEIGHBORHOOD ASSOCIATION" shall mean and refer to any non-profit corporation organized by the Declarant for purposes of administering a portion of the Property which is governed by this Declaration and which has additional or separate functions from the Association.

1.1.18 "OWNER" shall mean and refer to the record owner, and if more than one person or entity, then to them collectively, of the fee simple title to any Lot or Dwelling Unit. For purposes of this Declaration, the Articles, Bylaws and rules and regulations provided thereunder, each Lot and/or Dwelling Unit shall be deemed to have one Owner.

1.1.19 'PLAT' shall mean and refer to any plat of any portion of the Property which has been or is hereafter recorded among the Public Records of Palm Beach County, Florida.

1.1.20 "PROPERTY" shall mean and refer to the real property described in Exhibit "A" attached hereto and made a part of hereof, together with any additional real property which may hereafter be made subject to -this Declaration by a supplemental or amendatory declaration of Declarant.

1.1.21 "SUBDIVISION" shall mean and refer to the subdivision of the Property according to a plat or plats thereof recorded among the Public Records of Palm Beach County, Florida.

1.1.22 "TRACT" or "PARCEL" shall mean and refer to "Tracts" or "Parcels" so designated on a Plat.

1.1.23 "TURNOVER" shall mean that date following conversion of Class "B" votes to Class "A" votes upon which the Declarant conducts a Special Meeting of the Membership for the purposes of election of officers and directors, as set forth in Article 3 of this Declaration.

1.1.24 Other Defined Terms. Other terms defined in this Declaration shall have the meanings so specified.

2. LOTS, UNITS, COVENANTS, RULES AND REGULATIONS

2.1 Use Restrictions. Lots shall be used for Dwelling Unit purposes in accordance with the provisions hereof and for no other purpose except as provided in Section 2.2 below. No business or commercial buildings may be erected on any Lot, no business or profession may be conducted upon any part of the Property and no building or portion thereof shall be used or maintained for any such purposes. Any Lot developed by Declarant for recreational or other community purposes and conveyed to the Association as Common Property shall be used for such-purpose.

2.2 Development Purposes. Notwithstanding the provisions of Section 2.1, as long as Declarant or its successors and assigns shall retain title to any Lot or other portion of the property, it may use or permit others to use one or more Lots or other portions of the Property for any of the following purposes ('Development Purposes"):

2.2.1 Construction of buildings and other improvements, including material and equipment storage, and trailers and offices associated with construction and development; and

2.2.2 Sales and marketing purposes, including model sales offices. Declarant may authorize other persons or entities to utilize any Lot or other portions of the Property for Development Purposes so long as such persons or entities own any Lots or other portions of the Property.

2.3 Landscaped Areas. All areas of Lots or other portions of the Property not covered by buildings, structures or paved parking facilities shall be maintained by the Owner as lawn or landscaped areas to the pavement edge of any abutting street or to the water line of any abutting lake(s) or canal(s); provided that such maintenance responsibility shall not extend to any contiguous area required by this Declaration to be maintained by the Association. All landscaping shall, at all times, be regularly mowed, trimmed or otherwise maintained in good condition, no excessive weeds, underbrush or other unsightly growth shall be permitted to grow or remain upon, and no refuse or unsightly objections shall be allowed to be placed or remain on, any Lot or other portion of the Property. The requirements of this subsection shall not apply to Lots owned by Declarant upon which a Dwelling Unit has not yet been constructed and completed.

2.4 Garage and Storage Areas. No garage shall be erected which is separate from the main building which it serves. Repair of vehicles shall be permitted only inside the garage. No unenclosed storage area, auxiliary building, garage or structure of any kind shall be erected which is separate from the main residence building which it serves.

2.5 Antennas and Flagpoles. No satellite dishes, outside antennas, antenna poles, antenna masts, antenna towers or electronic devices shall be installed upon any Lot or other portion of the Property or structure thereon. However, this prohibition shall not apply to lightning arresters or solar energy collection devices, apparatus and collectors with respect to which the pipes and equipment required with respect to such devices and apparatus may be located outside the enclosed space of a Dwelling Unit as constructed by Declarant or approved by the ARC. No flagpole shall be permitted to be erected except to display the American flag, and the height of such flagpole and size and proportions of any flag shall be subject to the prior approval of the ARC.

2.6 Accessory or Temporary Buildings. No structure of a temporary character, trailer, basement, tent, shack, barn or other outbuilding shall be permitted or used on the Property at any time, either temporarily or permanently, except as provided in Section 2.2 above.

2.7 Garbage Containers, Oil and Gas Tanks, Air-Conditioners. All garbage and refuse containers, air-conditioning units, oil tanks, bottled gas tanks, sprinkler system pumps, and permanently affixed swimming pool equipment, pumps and housings shall be under ground or placed in walled-in or landscaped areas so that they shall be substantially concealed or obscured from any eye-level elevation on any street or adjacent properties; provided that this Section 2.7 shall not apply to Declarant or its designee, or its or their contractors during construction of improvements by or on behalf of the Declarant or such designee. No wall or window air-conditioning units shall be permitted. No reflective foil or other reflective substance shall be placed on any glass surface of any Unit except as approved by the ARC for energy conservation purposes. No portion of the Property shall be used or maintained as a dumping ground for rubbish, and all equipment for the storage or disposal of rubbish shall be kept clean and in a sanitary condition.

2.8 Automobiles, Commercial and Recreational Vehicles, etc. The residents of any Dwelling Unit may keep within their Lot in a designated parking area one (1) small truck or van of the type commonly used as a private passenger vehicle so long as no commercial equipment or lettering is exposed upon or in such vehicle.

2.8.1 No vehicle may be kept on the property which is unlicensed or inoperable unless kept fully enclosed inside a garage.

2.8.2 No commercial vehicles of any kind shall be permitted to be parked for a period of more than four (4) hours, unless the same is temporarily present and necessary in the actual construction or repair of a Dwelling Unit or to service the same.

2.8.3 No commercial vehicle of any kind shall be parked overnight, and no boat, boat trailers, buses or trailers of any kind, campers, recreational vehicles or mobile homes shall be permitted to park within the Property at any time unless kept fully enclosed inside a garage which garage contains a full garage door and such garage door is kept closed or unless kept in an area specified and approved by the ARC for the parking of such vehicles.

2.8.4 No repair work to any type of motor vehicle, boat or boat trailer shall be conducted on any Lot other than very minor repairs.

2.8.5 No truck, commercial vehicle, boat, camper or mobile home shall be used as a domicile or residence, either permanent or temporary.

2.8.6 No motorized vehicle (including without limitation all-terrain vehicles or cycles, "dirt bikes", or other off-road recreational vehicles shall be operated anywhere within the Property except on streets or roadways and then only if appropriately licensed. This prohibition shall not apply to authorized vehicles of Declarant, Association, contractors or any governmental entity.

2.9 Outside Storage of Personal Property. All Personal property of any Owner shall be stored inside the Owner's Dwelling Unit and shall not be left outside overnight, with the exception of the Owner's permitted motor vehicles and patio furniture and accessories.

2.10 Nuisances, Animals and Pets. No person, including any Owner, lessee, invitee, permittee or occupant of any Dwelling Unit shall do or permit any act or omission which may be, become or cause an annoyance or nuisance to the neighborhood, and without limiting the generality of the foregoing:

2.10.1 No obnoxious, unpleasant or offensive activities shall be carried on, nor shall anything be done within the Property which could be construed to constitute a nuisance, public or private in nature;

2.10.2 No animals, livestock or poultry of any kind shall be kept, except that dogs, cats and other household pets (collectively, "Pets") may be kept upon Lots improved with Dwelling Units provided that:

they are not kept, bred or maintained for any commercial purpose;
no person keeping a Pet shall permit it to go or stray upon any other Lot without the permission of the Owner thereof, and all Pets shall be kept on a leash at all times while such pet is outdoors and all waste deposited by a Pet on any portion of the Property other than the Lot owned by the Pet's owner shall be immediately removed by the Pet's owner; and
(c) such Pets shall not constitute a nuisance to other residents within the property.

2.11 No Filling-In. No Lot shall be increased in size by the filling-in of any water on which it abuts, and the slope of any banks or swales shall be maintained to the water line.

2.12 Docks. No docks, boathouses or similar structures shall be constructed by any Dwelling Unit Owner on any portion of a Lot or upon any portion of any lake, canal or waterway within the Property. This prohibition shall not apply to the Declarant.

2.13 Boats. No boats or other watercraft of any type or nature shall be permitted upon any lake, canal or waterway within the Property except those used in performing maintenance or as may be permitted by the Association. This prohibition shall not apply to Declarant.

2.14 Easements. Easements for vehicular and pedestrian ingress and egress, access, control, installation and maintenance of utilities and drainage facilities shall be reserved as shown on the Plats, or as may hereafter be established by Declarant, and such easements shall be deemed to be granted to the Association, Members and their families, guests, servants, invitees and employees.

2.15 Rules and Regulations. The Board may, from time to time, adopt and amend previously adopted rules and regulations governing the operation, use, maintenance, management and control of the Property.

2.16 Clothes Line. No clothes lines or similar type structure shall be permitted on any portion of the Property.

2.17 Setback Lines. Size of Buildings and Building Height. Setback lines, building sizes and building heights shall be determined in accordance with the requirements of Palm Beach County as they may exist from time to time.

2.18 Signs. No signs of any type (including "for sale" and "for rent" signs) shall be erected or displayed on any Lot or structure unless the placement, character, form, size, color and time of placement of such sign shall be first approved in writing by the ARC.

2.19 Trees. Owners shall not remove trees on their lots or trim trees excessively unless such trees are diseased. Any tree removed must be replaced with a tree of similar variety and quality which will, when mature, be of similar size to the tree which was removed. Any tree removal is subject to any required prior approval of all applicable governmental authorities.

2.20 No Subdividing. No Lot shall be divided or sold except as a whole without the prior written approval of Declarant or the Association.

2.21 Leases. No portion of a Unit (other than an entire Unit) may be rented. All leases shall be on forms approved by the Association and shall provide that the Association shall have the right to terminate the lease upon default by tenant in observing any of the provisions of this Declaration, and applicable rules and regulations. No Unit may be leased more than twice in any calendar year; and no lease shall be approved for a term less than four (4) months. At the discretion of Association, Owners wishing to lease their Units shall be required to place in escrow with the Association a sum as determined by the Association which may be used by the Association to repair any damage to the Common Properties or other portions of the Property resulting from acts or omissions of tenants (as determined in the sole discretion of the Association). The Owner will be jointly and severally liable with the tenant to the Association for any amount in excess of such sum which is required by the Association to effect such repairs or to pay any claim for injury or damage to property caused by the tenant. Any balance remaining in the escrow account, less an administrative charge as determined by the Association shall be returned to the Owner within thirty (30) days after the tenant and all subsequent tenants permanently move out. The Association is hereby deemed the agent of the Owner for purposes of bringing any eviction proceedings deemed necessary by the Association because of tenant's violation of this Declaration or applicable rules and regulations. The Association and the Owner shall both have the right to collect attorneys fees against any Occupant or tenant in the event that legal proceedings must be instituted against such tenant for, his eviction or for enforcement of this Declaration. The Declarant is exempt from the provisions of this section with respect to any Units leased by Declarant.

2.22 Rights of Declarant. Notwithstanding any provisions of this Declaration, Declarant shall have the right to construct buildings, Dwelling Units, signs and other improvements including landscaping on the Property without the approval of any entity or person. Declarant shall have the right to permit other Developers to construct buildings, Dwelling Units, signs and other improvements on the Property in accordance with such requirements and restrictions as Declarant may establish, without the approval of any other entity or person. The construction of buildings, Dwelling Units, signs and improvements shall be of such type, nature, design, size, shape, height, materials and location, including landscaping (which term shall be defined in its broadest sense as including grass, hedges, vines, trees and the like) as Declarant determines in its sole discretion without obtaining the prior consent or approval of the Association, the ARC or any other person or entity provided that all the same complies with applicable governmental requirements.

2.23 Bay Winds Covenants and Restrictions. Notwithstanding any other provision hereof, no activity shall be undertaken upon, and no action shall be taken with respect to, any portion of the Property which is subject to the Bay Winds Declaration if such activity or action would violate ttie provisions thereof.

3. THE ASSOCIATION

3.1 Purpose. The purpose of the Association shall be to accept and hold title to the Common Property in accordance with the provisions of the Section 4 hereof, operate, manage, maintain, repair and replace the Common Property, enforce the provisions contained in this Declaration, levy Assessmerits and collect the same, and otherwise to do and perform such other functions as may be necessary or desirable to keep and maintain the standards of the Subdivision and the surrounding areas as contemplated in this Declaration. The Association shall have the power to contract with others for

'(i) the operation, management, maintenance, repair and replacement of the Common Property;

'(ii) the administrative functions of the Association; and

'(iii) the provision of utility and other services to the Property, all of which costs and expenses shall be included within Assessments of the Association.

3.2 Membership in the Association. All Owners shall automatically be Members of the Association. Members shall be comprised of two classes as follows:

3.2.1 Class A Members. Class A Members shall be all Owners other than the Declarant and the Developers so long as the Declarant, its successors, assignees or designees shall continue to be a Class B member as hereinafter provided. If more than one person owns an interest in any Lot or Dwelling Unit, all such persons shall be Members, but there shall be only one vote cast with respect to such Lot or Dwelling Unit. Such vote may be exercised as the Owners determine among themselves, but no split vote shall be permitted.

3.2.2 Class B Member. The Class B members shall be the Declarant or its successors, assignees or designees, and each Developer, provided that the Class B membership shall cease and become converted to Class A membership upon the happening of the first to occur of the following:

'(a) the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, as provided for in Section 3.3; or

'(b) certificates of occupancy have been issued for Dwelling Units upon 90% of all the Lots which may be submitted to this Declaration; or

'(c) ten years from the first conveyance of a Dwelling Unit to a Class A Member; or

'(d) Declarant, in its sole discretion, elects to convert its membership to Class A membership as evidenced by a written notice to the Association thereof executed by the Class B Member.

3.2.3 Special Membership. The Association may, from time to time, create one or more classes of Special Membership and make such Special Membership available to persons who are not owners. Special Members shall be entitled to such rights and privileges, and shall pay such dues or membership fees, as the Association shall determine. Prior to Turnover, all decisions concerning the creation of Special Membership Classes and the rights, privileges and obligations relating thereto shall be made by Declarant; and, following Turnover, such decisions shall be made by a majority of the Board of Directors of the Association. Special Members shall have no voting rights whatsoever.

3.3 Voting Rights. The Class A and Class B Members shall have the following voting rights:

3.3.1 Class A members shall be entitled to one vote in the Association for each Lot or Dwelling Unit owned; and

3.3.2 Until the conversion of Class memberships to Class A memberships as provided for in Section 3.2 above, the Declarant (including its designees, successors and assigns) shall be entitled to three (3) votes in the Association for each Lot or Dwelling Unit owned by it or which Declarant has a right to submit to this Declaration. Each Developer shall be deemed to have given Declarant an irrevocable proxy to cast votes which such Developer otherwise would be entitled to cast as a Class B Member.

3.3.3 Turnover. Within ninety (90) d3ys after the happening of the later of the conversion of Class B Membership to Class "A" Membership in the manner described above, or the voluntary termination or relinquishment (whichever occurs first) of the Declarant's right to elect a majority of the Board of Directors of the Association, the Members other than Declarant shall assume control Of the Association and the Association shall conduct a Special Meeting Of the Membership (hereinafter called 'Turnover Meeting') for the purpose of electing the Board of Directors. Provided, however, that so long as the Developer is the Owner of one Lot or Dwelling Unit governed by the Association, the Developer shall be entitled to appoint one Member to the Board of Directors. Members other than Declarant shall be required to accept responsibility for the Association from and after Turnover and if they fail to do so Declarant may charge a management fee for its continued operation of the Association which shall be a lien on all Lots and Units, enforceable as if it were a mortgage.

3.4 No Assessments of Certain Lots/Dwelling Units. Without limiting the generality of Section 6.3 below, but in amplification thereof, and notwithstanding anything to the contrary contained in this Declaration, Declarant shall not be required to make any contributions to the Association or pay any Assessments with respect to any Lots or Dwelling Units owned by the Declarant, and the Association shall have no authority to levy an Assessment against Declarant or impose any lien upon any Lot or Dwelling Unit owned by Declarant. With respect to Lots sold to Developers, Declarant shall have the right to specify that while such Lot or any Dwelling Unit thereon continues to be owned by such Developer, such Lot or Dwelling Unit shall be Assessed at a reduced rate or shall be exempt from Assessment to the same extent as if such Lot were owned by Declarant. The reduction of Assessments or exemption from Assessments with respect to any such Developer-owned lots shall be within the sole and absolute discretion of Declarant, and it shall not be a requirement that a uniform rate of Assessment be applied to all Developers. Any such arrangements regarding Assessment reductions or exemptions shall be set forth in a written agreement between Declarant and the applicable Developer (which may, but need not, be recorded), and in the absence of such a written agreement, Developer-owned lots shall be Assessed in the same manner as Lots owned by Class A members.

4. COMMON PROPERTIES

4.1 The responsibility for the maintenance of the Property is divided between the Association and the Owners. In the event that the Declarant forms one or more Neighborhood Associations, some of the maintenance responsibilities of the Association may become the obligation of one or more of such associations. Management and maintenance responsibilities of Neighborhood Associations may be different from the Association's responsibilities, depending on the type and character of the Units and improvements in that part of the Property. If the Association performs any functions delegated to such Neighborhood Association, the Association shall have a lien against the Lots and Units benefited thereby for the Collection of the cost thereof. Unless otherwise provided in any of the declarations described in the foregoing sentence, the maintenance of the Common Properties is the responsibility of the Association in the manner provided in this Declaration.

4.2 Conveyance, Ownership and Certain Reservations. The recordation of the Plat(s) and dedications contained therein from time to time shall be deemed to constitute conveyances to the Association of the Common Properties as set forth on the Plat(s), provided however that Declarant may convey the Common Properties to the Association by deed and any portion of the Property conveyed by Declarant to the Association shall become a Common Property.

4.2.1 Declarant and the Association hereby covenant with one another that the Common Properties shall be subject to and bound by the terms of the Plat(s) and this Declaration, and the use and enjoyment of the Common Properties shall be subject to such rules and regulation relating ttiereto as may be adopted or amended from time to time by the Association.

4.2.2 The Association may, in its discretion, maintain any portion of any Plat which is dedicated to the public or which is dedicated or conveyed to BWHA or any governmental authority, if the Association deems such maintenance to be in the best interest of the residents of the Property.

4.2.3 Declarant hereby reserves, and Association hereby irrevocably grants Declarant the right to construct or make such improvements to the Common Property as the Declarant determines. The right of Declarant herein reserved and granted by the Association shall entitle, but not obligate, Declarant to make or construct improvements to the Common Property.


4.3 Members Easements of Enjoyment. Upon conveyance to the Association of any Common Property, and subject to the provisions and limitations of Section 4.4 below, each Member shall have a non-exclusive right and easement of ingress, egress and enjoyment in and to the Common Property, which rights and easements shall be appurtenant, and shall pass with title to each Lot.

4.4 Limitation. The rights and easements of ingress, egress and enjoyment of the Common Property created pursuant to Section 4.2 above shall be subject to the following:

4.4.1 The Association shall have the right to prescribe such rules and regulations for the use of the Common Property, as it may deem necessary for the health, safety and welfare of the Members and Owners;

4.4.2 The Association shall have the right to dedicate, transfer or grant easements in or over all or any part of the Common Property to any public agency, authority or utility for utility purposes or other public purposes and subject to such conditions as may be agreed to by the Association;

4.4.3 Declarant or the Association, their successors and assigns, shall have the right, and are hereby granted an easement to construct on, over, under and across the Common Property and to maintain thereon water, electric, gas, telephone and other utility facilities and water management and water retention drainage systems as the Association or Declarant, or either of them, may deem necessary or desirable to serve the Property or any part thereof, together with the right of Declarant and/or the Association to grant easements to others for like purposes.


5. MAINTENANCE



5.1 Maintenance by Unit Owners. Each Owner shall maintain his Dwelling Unit in a good, safe, clean, neat and attractive condition. In particular, the exterior of each Dwelling Unit including, but not limited to, roof, walls, windows, patio areas, pools, screening, awnings, outdoor lighting, walks, driveways, irrigation system, mailboxes and newspaper boxes shall be maintained in good and functional condition and repair and in a neat and attractive manner, in accordance with rules or specifications promulgated from time to time by the Association and/or the ARC.All painted areas on the exterior of a Dwelling Unit shall be painted as reasonably necessary with colors which are harmonious with other Dwelling Units in MainStreet, and no excessive rust or other mineral deposits on the exterior of any Dwelling Unit from the Lot's irrigation system, peeling of paint or discoloration of same shall be permitted. If an Owner repaints his Dwelling Unit, it shall be in the same color (including trim) as the original color when conveyed by Declarant. Each Owner shall also keep and maintain each Lot and Dwelling Unit owned by him, including all landscaping located thereon, in good condition and repair, including, but not limited to:

5.1.1 repairing and painting (or other appropriate external care) of all structures;

5.1.2 seeding, sodding, watering and mowing of all lawns; and

5.1.3 pruning and trimming of all trees, hedges and shrubbery so that the same do not obstruct the view of motorists or pedestrians.

5.1.4 Each Owner (except Declarant and Developers with respect to Lots owned by them on which a Dwelling Unit has not yet been constructed and completed) shall be responsible to maintain and landscape the Lot owned by such Owner, including all berms and banks abutting Water Management Areas (even though such berms and banks may not be part of the Owner's Lot), provided, however, that if Declarant, the Association or any utility shall disturb the surface of any Lot required to be maintained by the Owner of such Lot, the Declarant, Association or utility, as the case may be, shall restore the surface of such Lot to its pre-existing condition.

5.2 Maintenance by the Association.

5.2.1 The maintenance, repair and replacement of the Common Properties, including the improvements thereto, shall be the obligation of the Association.

5.2.2 Without limiting any other authority granted in this Declaration, the Association shall be responsible for, and shall have the right to enter upon any Lot or other portion of the Property at reasonable times for the purpose of upkeep, maintenance and landscaping of Common Property, such obligations to include compliance with all applicable laws, ordinances and regulations as herein defined.

5.2.3 No Liability of Declarant. Notwithstanding anything to the contrary herein contained, Declarant shall not be responsible for the landscaping, upkeep, maintenance, repair or replacement of the Common Property, or any easement area, utilities or improvements that may be located in, on or under any such Common Property, or easements which serve or may be served by them; provided that Declarant may, but shall not be required to, install, maintain, repair or replace landscaping, fencing and signs upon the Common Property or other easements which are the responsibility of the Association as Declarant may deem necessary or appropriate in connection with the development of the Property.

6. ASSESSMENTS

6.1 Maintenance and Other Assessments. In order to maintain the standards of the Subdivision and surrounding areas as well as the interests of public health and welfare, each Lot and Dwelling Unit shall, except as provided in Sections 3.4 and 6.3 hereof, be subject to Assessments.

6.1.1 Periodic, general Assessments shall be imposed by the Association against the Owner of each Lot and Dwelling Unit for the purposes of:

(a) Maintaining, repairing and replacing easements, Common Property and other portions of the Property the upkeep and maintenance of which is the responsibility of the Association;

(b) Installing, maintaining and replacing grass, trees, shrubs, gates and other landscaping;

(c) Paying premiums for insurance policies obtainedby the Association;

(d) Establishing and maintaining proper reserves for the Association;

(e) Paying proper costs and expenses of the Association; and

(f) Such other purposes as the Association determines.

6.1.2 Prior to the beginning each calendar year, the Board shall adopt a budget for such calendar year which will estimate expenses to be incurred by the Association during the year, including. reserve funds, for the discharge of its duties. The Board shall then establish the Assessment for each assessable Lot or Dwelling Unit (except for multifamily Lots and Units) which shall be determined by dividing the total amount to be assessed by the total number of assessable Lots and Dwelling Units (other than multi-family Lots and Units) within the Property, and shall then notify each Owner in writing of the amount and due dates of the Assessments. With respect to Units on Lots zoned for multi-family use (if any), assessments per Unit shall be equal to 50% of single family Lots. Unless otherwise determined by the Association, assessments shall be payable quarterly. Upon the conveyance of a dwelling Unit by Declarant, the Unit Owner shall Pay to the Association his prorated share of the Assessment for his Lot and Unit for the balance of the calendar quarter in which the closing occurs. From time to time, the Board may modify the budget as necessary and pursuant to the revised budget, may, upon written notice to the Owners, change the amount, and/or due dates of the Assessments. Assessments shall automatically be due and payable in the same amount and on the specified dates unless and until the Association notifies the Owners in writing of a change in the amounts and/or payment dates of the Assessments. If any Neighborhood Association shall be delegated the responsibility of collection of Association Assessments from its Unit Owners, any partial payments by Unit Owners shall first be paid in full to Association with any remaining balance to be applied against amounts due to the Neighborhood Association. The Association may arrange for BWHA to serve as the collection agent for the Association and any Neighborhood Association, or vice versa, pursuant to agreements between BWHA, the Association and any applicable Neighborhood Association in this regard from time to time.

6.1.3 In the event that funds derived from periodic general Assessments shall be insufficient in order for the Association to discharge its duties and obligations, or to pay for such other proper matters as the Association may determine, in addition to periodic, general Assessments, the Association may levy against the Owners

'(i) Special Assessments which shall be payable within thirty (30) days after the owners shall have been notified thereof and

'(ii) Emergency Assessments for Association expenses of an emergency nature, which shall be payable within fifteen (15) days after the Owners shall have been notified thereof. Special or emergency Assessments may affect fewer than all Owners and shall be collectible only from the affected Owners, unless they are of a general nature and thus collectible from all Owners.

6.1.4 Assessments, both general and special, together with interest thereon and costs of collection as hereinafter provided, shall be a lien and charge upon each assessable Lot and Dwelling Unit from and after the recordation of a claim of lien for such Assessment, and each Assessment, together with interest thereon and costs of collection thereof, shall also constitute the personal obligation of the Owner of such Lot or Dwelling. Unit at the time the Assessment became due and payable.

6.2 Effect of Non-Payment of Assessments; Remedies. If any Assessment is not paid when due, such Assessment shall be delinquent and, together with interest at the rate of fifteen percent (15%) per annum from the due date of such Assessment and all costs of collection, including reasonable attorney's fees, shall be a lien against the applicable Lot or Dwelling Unit from and after the recordation by the Association of a claim of lien upon such Lot or Dwelling Unit, and shall be the personal obligation of the Owner thereof at the time of the recordation of such claim for lien. In connection therewith:

6.2.1 The lien for any delinquent Assessment may be foreclosed by the Association in thesame manner as a mortgage on real property, or the Association may institute action at law against the Owner personally, or both; and

6.2.2 Notwithstanding anything to the contrary herein contained, in the event that any Lot or Dwelling Unit shall be sold and conveyed pursuant to foreclosure of any first mortgage encumbering such Lot or Dwelling Unit or pursuant to conveyance by deed in lieu of foreclosure of any such first mortgage or the mortgage as modified and amended to Sunrise Savings and Loan Association identified in the Consent and Joinder of Mortgage attached hereto ('Sunrise Mortgage'), the purchaser thereof (including the first mortgagee) shall acquire title to such Lot or Dwelling Unit free of any lien for Assessments recorded after the recordation of such mortgage and shall not be liable for Assessments payable prior to such acquisition of title, but such acquisition of title shall be subject to Assessments in connection with wich a claim of lien was recorded prior to the recording of such first mortgage and to Assessments which become due and payable after such acquisition.

6.3 Limitation upon Certain Assessments. The following property subject to this Declaration shall be exempt from the Assessments, charges and liens created by this Declaration:

6.3.1 Any Lot or Dwelling Unit owned by a Class B member for any period during which such Lot or Dwelling Unit is owned by a Class B member;

6.3.2 Any property used for any of the following purposes;

(a) An easement or other interest therein dedicated to and accepted by a public authority and devoted to public, noncommercial use;

(b) All of the Common Property;

(c) Public utility easements and facilities, including telecommunication, used exclusively for directly providing the utility or telecommunication services for which the provider is franchised; and

(d) Any of the Property exempted from ad valorem taxation by the laws of the State of Florida, to the extent agreed to by the Association.

6.3.3 However, with respect to property described in Subsection 6.3.2 hereof, no Lot or Dwelling Unit which may include any such property shall be exempt, in whole or in part, from Assessments, charges or liens.

6.4 Working Capital Contribution. Upon the conveyance of any Lot or Dwelling Unit by Declarant or a Developer, the Unit Owner shall pay to the Association an amount equal to three (3) months' Assessments for the Lot or Dwelling Unit as a working capital contribution to the Association, which amount shall riot be considered an advance payment of Assessments and shall be placed in a working capital fund so that the Association will have funds available to meet extraordinary expenses or to acquire additional equipment, property or services deemed necessary or desirable.

6.5 Financing of Cost of Common Property Improvements: Declarant shall be entitled to be reimbursed by the Association for the reasonable cost of improve-ments made on the Common Property, including, but not limited to, the cost of construction of recreational facilities and landscaping. Such obligation of the Association to reimburse Declarant shall be evidenced by one or more promissory notes, which shall bear interest at a reasonable rate and may be secured by one or more mortgages on the Common Property. Alternatively, Declarant may arrange for third-party financing of the cost of such improvements and may grant mortgages on the Common Property to such third-party lenders in connection therewith. Payments to Declarant and/or third-party lenders with respect to the cost of Common Property improvements shall be made from Assessments.

7. RIGHTS OF INSTITUTIONAL MORTGAGEES.

7.1 Right to Notice. Upon written request to the Association by an Institutional Mortgagee, or the insurer or guarantor of any mortgage held by an Institutional Mortgagee encumbering a Lot or Dwelling Unit, such Institutional Mortgagee, insurer or guarantor shall be entitled to prompt written notice of:

7.1.1 any condemnation or casualty loss that affects either a material portion of the Property or any Lot or Dwelling Unit encumbered by its mortgage;

7.1.2 any sixty (60) day delinquency in the payment of Assessments or charges owed by the Owner of any Lot or Dwelling Unit on which itholds the mortgage;

7.1.3 a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; and

7.1.4 any proposed action which requires the consent of a specified percentage of mortgage holders;

7.2 Right of Financial Statement. Any Institutional Mortgagee shall be entitled, upon written request, to receive a copy of the Association's financial statement for the immediately preceding fiscal year.

7.3 Subordination of Assessment Liens to Mortgages. Assessment liens provided for herein shall be superior to all other liens, except real property tax liens and mortgage liens in favor of an Institutional Mortgagee and which are recorded prior to the recordation of Assess-ment liens. Notwithstanding the foregoing, Lots or Dwelling Units encumbered by such mortgages are liable for Assessments and subject to liens therefore, but the sale or transfer of the Lot or Dwelling Unit pursuant to a decree of foreclosure or an Institutional Mortgagee's accepting a deed in lieu of foreclosure shall extinguish the lien of such assessments as set forth in Section 6.2.2 hereof. However, no such sale or transfer shall relieve such Lot or Dwelling Unit from liability for the payment of any Assessments thereafter becoming due, nor from the lien of any subsequent Assessment.

8. TAXES AND INSURANCE.



8.1 Taxes. The Association shall be responsible for the payment of real property taxes and assessments imposed on any Common Property.

8.2 Insurance. The Association shall obtain insurance to afford protection to the Association, which shall include:

8.2.1 comprehensive general public liability insurance covering loss damage resulting from claims made against the Association with coverage of not less than ONE MILLION DOLLARS ($1,000,000.00) for bodily injury, death, or property damage, arising out of a single occurrence;

8.2.2 blanket fidelity bonds for all officers, directors and employees of the Association and all other persons handling or responsible for funds of, or administered by, the Association in an amount not less than three (3) months aggregate Assessments payable by the Members plus reserve funds field by the Association; and

8.2.3 such other insurance as may be required by law.

8.3 Default by the Association. In the event the Association defaults in the payment of any taxes or assessments, fails to obtain any insurance required herein or fails to pay premiums on any insurance policies, and the Association does not correct such failure within ten (10) days after written notice thereof by any Owner or Institutional Mortgagee, such Owner or Institutional Mortgagee shall have the right to cure such failure and shall be entitled to reimbursement from the Association for all costs and expenses incurred in connection therewith, plus interest and collection costs including reasonable attorney's fees.

9. ARCHITECTURAL REVIEW COMMITTEE

9.1 Creation and Composition. The member(s) architectural review committee ("ARC") shall be selected by Declarant until all Lots and Dwelling Units in MainStreet which are now or hereafter subject to this Declaration have been fully developed, permanent improvements have been constructed thereon and all such Lots and Dwelling Units have been sold to permanent residents. At such time as all of the Lots and Dwelling Units in MainStreet which are subject to this Declaration have been fully developed, permanent improvements have been constructed thereon and they have been sold to permanent residents, Declarant shall notify the Board and all Owners to that effect and, thereupon, Declarant's rights and obligations to select members of the ARC shall terminate. Thereafter, the Board shall have the right, power, authority, and obligation to select members of the ARC and prescribe rules and regulations pursuant to which such committee shall act.

9.2 Design Standards. The ARC shall, from time to time, subject to this Declaration, adopt, promulgate, amend, revoke, and enforce guidelines ("Design Standards") for the purposes of:

9.2.1 governing the form and content of plans and specifications ('Plans and Specifications') to be submitted to the ARC for approval or disapproval pursuant to this Declaration;

9.2.2 governing the procedure for submission of Plans and Specifications; and

9.2.3 establishing guidelines with respect to the approval or disapproval of design features, architectural styles, exterior colors, and materials, details of construction, location and size of any structure and all other matters that require approval by the ARC.

9.3 Review of Plans and Specifications. No structure of any nature (including without limitation exterior walls and fences) shall be commenced, erected or maintained on any portion of the Property, nor shall any exterior addition to or alteration thereof, or addition to landscaping or change in landscaping from the original design concept, be made until the Plans and Specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to the ARC for written approval as to quality, conformity and harmony of external design with the existing standards of the neighborhood and the standards of MainStreet, the location of the structure in relation to surrounding structures, topography and finished ground elevation, and whether the same are consistent with the provisions of this Declaration.

9.3.1 In the event the ARC fails to approve or disapprove the Plans and specifications within thirty (30) days after they have been submitted in writing to the ARC in acceptable form, including all information necessary for their consideration and review, approval by the ARC shall be deemed to have been granted.

9.3.2 The Plans and Specifications shall be in such form and shall contain such information as may be reasonably required by the ARC including, without limitation:

(a) site plan showing the location of all Proposed and existing structures, building setbacks, open space, driveways, walkways and parking spaces, including the number thereof;

(b) foundation plan;

(c) floor plan

(d) exterior elevations of any proposed structure, and alterations to existing structures, as such structures will appear after all back filling and landscaping are completed;

(e) specifications of materials, color scheme, lighting schemes and other details affecting the exterior appearance of any proposed structure and alterations to existing structures; and

(f) plans for landscaping and grading, especially if the proposed structure consists of such landscaping or grading.

9.3.3 The approval or disapproval by the ARC shall be subject to the ARC's prior submission of the Plans and Specifications to the architectural review committee of BWHA for approval pursuant to the Bay Winds Declaration, to which declaration MainStreet is also subject. Upon approval by the ARC and the required entities of any plans and Specifications submitted pursuant to this Declaration, a copy of such Plans and Specifications bearing such written approval shall be returned to the applicant submitting the same. Approval for use of any Plans and Specifications in connection with any portion of the Property or structure shall not be deemed a waiver of the ARC's right, in its sole discretion, to disapprove similar plans, specifications, features or elements as may be subsequently submitted for use in connection with any other portion of the Property. Approval of any Plans and Specifications relating to any portion of the Property, however, shall be final as to that property and such that there has been adherence to, and compliance with, such Plans and Specifications, as approved, and any conditions attached to any such approval.

9.3.4 Notwithstanding anything to the contrary, the ARC may request changes in any Plans and Specifications or structures that are completed or being built if required by law, and neither Declarant nor the ARC shall be liable for damages by reason of such request.

9.3.5 Neither Declarant, nor any member of the ARC shall be responsible or liable in any way for any defects in any Plans or Specifications approved by the ARC, nor for any structural defects in any work done in accordance with Plans and Specifications approved by the ARC. Further, neither Declarant, nor any member of the ARC shall be liable to anyone by reason of a mistake in judgment, negligence, misfeasance, malfeasance or nonfeasance with respect to the approval or disapproval of any Plans or Specifications or the exercise of any other power or right of the ARC provided for in this Declaration. Every person who submits Plans or Specifications to the ARC for approval agrees, by submission of such Plans and Specifications, and every Owner agrees, that he will not bring any action or suit against Declarant or any member of the ARC to recover damages with respect to any such action.

9.3.6 Any employee or agent of the ARC may, after reasonable notice, enter upon any portion of the Property and structures thereon for the purpose of ascertaining whether the installation, construction, alteration, or maintenance of any structure, or the use of any portion of the Property or structure, is in compliance with the provisions of this Declaration, and neither the ARC nor any such agent shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.

9.4 Building Construction. Unless the Lot is zoned for multi-family use, not more than one single-family dwelling, which shall not exceed two and one-half (2-1/2) stories in height, shall be erected on any Lot unless otherwise approved in writing by the ARC.

9.5 Certificates. At the request of any Owner, the Association from time to time will issue without charge a written certification that the improvements, landscaping and other exterior items situated upon such Owner's Lot have been approved by the ARC, if such is the case.

9.6 Violations. If any structure is erected, placed, maintained or altered upon any portion of the Property otherwise than in accordance with the Plans and Specifications approved by the ARC pursuant to the provisions of this Declaration, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Declaration and without the approval required herein. If, in the opinion of the ARC, such violation shall have occurred, it shall so notify the Board. If the Board agrees with the determination of the ARC with respect to the violation, the Board shall provide written notice to the Owner by certified mail setting forth in reasonable detail the nature of the violation and the specific action or actions required to remedy the violation. If the Owner does not take reasonable steps toward the required remedial action within thirty (30) days after the mailing of the aforesaid notice of violation, the Association shall have, in addition to any other rights set forth in this Declaration, the right to bring an appropriate action at law or in equity.

10. GENERAL PROVISIONS.

10.1 No Liability of Declarant. Declarant shall not, directly or indirectly, be liable or responsible for any violation of this Declaration by any person other than Declarant.

10.2 Covenants Running with the Land. The provisions of this Declaration shall constitute covenants, easements, restrictions and impositions upon the Property and every part thereof, shall run with the land and shall inure to the benefit of, and be binding upon and enforceable by Declarant and/or the Association or Owners for a period of sixty (60) years from the date of recordation of this Declaration. Thereafter, the provisions hereof shall be deemed automatically extended for successive periods of ten (10) years each until an instrument signed by the Owners of not less than two-thirds (2/3) of the Lots and Dwelling Units subject to this Declaration and consent by the Institutional Mortgagees of two-thirds (2/3) of the Mortgaged Lots and Dwelling Units shall have been recorded providing for the termination of the provisions herein contained; provided that no such agreement to terminate shall be effective unless made and recorded three (3) years prior to the effective date of such termination and unless written notice of the proposed termination is sent to every Owner and to all Institutional Mortgagees at least ninety (90) days prior to the recordation of such agreement.

10.3 Persons Bound. The provisions of this Declaration shall apply not only to Owners (including, in the case of any Lot or Dwelling Unit wherein title may be vested in more than one person or entity, each person or entity, jointly and severally) but also to any persons or entities occupying any Lot or Dwelling Unit under any lease or tenancy (written or oral) and to all permittees of invitees (express or implied). The failure of any Owner to notify such lessee, tenant, permittee or invitee of the existence of this Declaration or of the provisions contained herein shall not in any way act to limit or divest the right of Declarant and/or the Association and/or any Owner to enforce the provisions of this Declaration; and, in addition, each owner shall be responsible for all violations of the provisions of this Declaration by such Owner and each and every such tenant, lessee, permittee or invitee.

10.4 Amendments to Declaration.



10.4.1 Prior to Turnover, Declararit may amend this Declaration by written instrument executed solely by Declarant, to be duly recorded among the Public Records of Broward County, Florida, to subject additional real property to the scope and effect of the Declaration.

10.4.2 Any other amendment may be effected by the Association acting pursuant to the affirmative vote of the Members having not less than two-thirds (2/3) of the votes in the Association, and, if such amendment is deemed to be "material" under the guidelines in effect from time to time of FNMA. FHLMC or GNMA, upon the approval of Institutional Mortgagees holding 51% of the mortgages on Lots and Dwelling Units, and upon the recordation of an amendatory instrument certifying that the same was executed pursuant to such approval, certified by proper officers of the Association, such amendment shall take effect upon the due recordation of such amendatory instrument.

10.4.3 The right of Declarant to amend this Declaration as set forth herein shall specifically include, without the necessity of obtaining the approval, consent or joinder of the Association, Members, or any other party the power and authority to execute and record an amendatory instrument which now or hereafter may be requested or required under the regulations or guidelines of FNMA, FHLMC, GNMA, or any other governmental, quasi-governmental or government-chartered entity which owns or expects to own one or more mortgages encumbering any portion of the Property, or does or expects to insure the payment of one or more such mortgages or that are requested or required by any Institutional Mortgagee.

10.4.4 No amendment shall impair the rights, interest or priority of any Institutional Mortgagee without its consent.

10.5 Enforcement of Restrictions. Each Owner shall comply strictly with the provisions of this Declaration.

10.5.1 In the event of a violation or breach (actual or threatened) of this Declaration, the Declarant, ARC, Association, or any aggrieved Owner shall have the right to proceed at law or in equity for the recovery of damages, or for injunctive relief, or both. The prevailing party in any such litigation shall be entitled to recover, all costs and expenses incurred therein (including reasonable attorneys' fees). However, no Owner shall have the right to recover attorneys' fees from or against the Association unless so provided by law. The failure of Declarant, ARC, Association of any Owner to enforce any provision herein contained shall not be deemed a waiver of the right to do so thereafter.

10.5.2 In addition to the foregoing rights, the Association and ARC shall have a Right of Abatement if an owner fails to take reasonable steps to remedy any violation of this Declaration within fifteen (15) days after written notice thereof is sent by certified mail (or in the event of an emergency threatening the Unit, Lot, or other property, without notice). The Right of Abatement as used in this Section, means the right of the Association or ARC, through its agents and employees, to enter, at all reasonable times, upon any portion of the Property or structure as to which a violation, or other condition to be remedied exists, and to take the actions specified in the notice to the Owner to abate, extinguish, remove, or repair such violation, breach or other condition which may exist thereon contrary to the provisions hereof without being deemed to have committed a trespass or wrongful act by reason or such entry and such actions provided such entry and such actions are carried out in accordance with the provisions of this Article. Unless the condition requiring exercise of the Right of Abatement is of such an emergency nature as to threaten the health and welfare of any Member, no structure shall be altered or demolished without the institution of judicial proceedings. The cost thereof, including the costs of Such action, reasonable attorneys' fees and interest thereon at fifteen percent (15%) per annum, shall be the binding personal obligation of such Owner, enforceable at law, and shall constitute a lien on such Owner's Lot and/or Dwelling Unit enforceable as provided herein.

10.6 Severability. Invalidity of any of the terms, provisions, covenants, restrictions or servitudes provided for in this Declaration, in whole or in part, by a Court of competent jurisdiction, shall not affect any of the other terms, provisions, covenants, restrictions or servitudes herein contained.

10.7 Termination of Declarant's Rights. The rights of the Declarant shall cease and terminate and shall be vested in the Association upon Turnover except that for so long as Declarant owns any portion of MainStreet no action shall be taken by the Association or other Members which adversely affects Declarant's rights to

'(i) construct and market Dwelling Units;

'(ii) grant and reserve easements over Lots and Common Property for construction purposes, utilities and other proper purposes; and

'(iii) retain control of the ARC.

Thereafter, the Association shall be substituted for Declarant in each provision of this Declaration which grants a right, duty or obligation to Declarant.

10.8 Unit Destruction. No Unit shall be permitted on any portion of the Property which replaces the original Unit and improvements constructed by Declarant unless such Unit and improvements are of similar size and type as the Unit and improvements being replaced and unless such Unit and improvements are approved by the ARC as set forth herein.

10.9 Gender and Plural. The use in this Declaration of the male gender shall include the female gender, the use of the singular shall include the plural and vice versa.

10.10 Priority of Assessment Liens. The lien for Assessments provided for in this Declaration shall, except as otherwise provided herein, be superior to all other liens.

10.11 Notice to Declarant or Association. Notices to Declarant or the Association, or requests for approval of Plans and Specifications as required herein, shall be in writing and delivered or mailed to Declarant or Association at its principle place of business as shown by the records of the Secretary of the State of Florida or such other location as may from time to time be designated by Declarant or Association.

10.12 Notice to Owner. Notice to any owner of a violation of any provisions of this Declaration, or any other notice herein required or permitted, shall be in writing and shall be delivered or mailed to the Owner at the address shown on the tax rolls of Palm Beach County, Florida or to the address of the Owner as shown on the deed to the Owner's Lot or Dwelling Unit as recorded among the Public Records of Palm Beach County, Florida.

IN WITNESS WHEREOF, Declarant, BW2 ASSOCIATES, a Florida general partner-ship, has caused this instrument to be duly executed and attested, all on and as of the day, month and year first above written.


WITNESSES:

BW2 ASSOCIATES, a Florida general partnership

By: SHOREWIND CORPORATION, a Florida corporation,

Managing Partner

By:

Roy F.Krag, President

(Corporate Seal)

ATTEST:

STATE OF FLORIDA

Ss:

COUNTY OF BROWARD

The foregoing instrument was acknowledged before me this 20th day of October, 1986 by Roy F. Krag as President and Frank Ksiazek as Secretary of SHOREWIND CORPORATION, a Florida corporation, on behalf of the corporation in its capacity as Managing Partner of BW2 ASSOCIATES, a Florida general partnership.

 

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