147 Defendant, Mrs. Schneider L. Schneider's, Amended Answer, Affirmative 2 10 2022

Filing# 143689242 E-Filed 02/10/2022 01:49:57 PM
IN THE CIRCUIT COURT OF THE

FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
THE OAKS AT BOCA RATON CASE NO.: 502017CA004532XXXXMB

PROPERTY OWNER'S
ASSOCIATION, INC.
Plaintiff,
vs.
LAURENCE S. SCHNEIDER, et al.
Defendants.
I
DEFENDANT, MRS. SCHNEIDER L. SCHNEIDER'S, AMENDED ANSWER, AFFIRMATIVE

DEFENSES, COUNTERCLAIMS, AND THIRD-PARTY CLAIMS
COMES NOW the Defendant, STEPHANIE L. SCHNEIDER, ("Defendant" or "Mrs. Schneider"), by
and through undersigned counsel, and hereby files her ~mended Answer, Affirmative Defenses, Counterclaims,
and Third-Party Claims to Plaintiffs Complaint, and in support thereof states the following:
1. Admitted for jurisdictional purposes only.
2. Defendants do not have sufficient information to admit or deny the allegations of paragraph 2.
Defendants therefore deny these allegations and demand strict proof thereof.
3. Admit only that Laurence S. Schneider is the sole, current owner of the Property. All other
allegations contained in paragraph 3 are denied.
4. Admit that only Laurence S. Schneider owns the Property. Defendants deny all of the other
allegations contained in paragraph.
5. Denied.
6. Denied.
COUNT I-FORECLOSURE
7. Defendants incorporates by reference their responses to paragraphs 1 through 6 above as if fully
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 02/10/2022 01 :49:57 PM
set forth herein.
8. Denied.
9. Paragraphs 9(a) through 9(c) are hereby Denied.
10. Denied.
11. Denied.
12. Defendants do not have sufficient information to admit or deny the allegations of paragraph
13. Defendants therefore deny these allegations and demand strict proof thereof.
WHEREFORE, Defendant, MRS. SCHNEIDER L. SCHNEIDER, demands judgment in her favor
including an award of attorneys' fees and costs pursuant to the Declaration and Florida law, and any other
and further relief this court deems proper and just.
COUNT II - BREACH OF CONTRACT
14. Defendants incorporate by reference their responses to paragraphs 1 through 4, and 6, as if set forth
fully herein.
15. Denied.
16. Denied.
17. Denied.
18. Denied.
19. DEFENDANTS DENY ALL ALLEGATIONS NOT SPECIFICALLY ADMITTED ABOVE.
WHEREFORE, Defendant, MRS. SCHNEIDER L. SCHNEIDER, demands judgment in their
favor including an award of attorneys' fees and costs pursuant to the Declaration and Florida law,
and any other and further relief this court deems proper and just.
AFFIRMATIVE DEFENSES
I. Failure to Comply with Conditions Precedent
As her First Affirmative Defense the Defendant asserts that Plaintiff has failed to satisfy all
conditions precedent to this suit and the relief sought herein.
II. Defendant is not indebted to Plaintiff as she does not hold Title to a Property within the
Association
As her Second Affirmative Defense the Defendant Mrs. Schneider L. Schneider is no longer a titled
owner of the Property and her liability, if any, is therefore limited.
III. Payment
As her Third Affirmative Defense the Defendant asserts that Plaintiff has received
payment(s) which satisfies liens sought to be enforced by the Plaintiff herein.
IV. Accord and Satisfaction
As her Fourth Affirmative Defense the Defendant would assert that Defendants and Plaintiff have
reached an accord and satisfaction, and hat Plaintiff is no longer entitled to pursue this Action.
V. Failure to Join an Indispensable Party
As her Fifth Affirmative Defense the Defendant would assert that the Plaintiff has failed to bring a
complaint against multiple indispensable parties. Namely, the Plaintiff filed their Complaint in the Case
sub Judice on April 24, 2017, against the Defendant and her Husband. However, on August 17, 2020,
First American Bank obtained title to the Property via a Certificate of Title recorded in Official Book
31659 Page 391 of the Public Records of Palm Beach County, Florida. Further, on May 7, 2021, First
American Bank conveyed the Property via Warranty Deed to Y ehuda Rosenberg and Chaya M. Borger,
husband and wife, recorded in Official Book 32676 Page 456 of the Public Records of Palm Beach
County, Florida. Finally, on September 30, 2021, Yehuda Rosenberg and Chaya M. Borger, husband,
and wife, conveyed via Quit Claim Deed the Property to Bayside Shore Breeze, LLC, a Florida Limited
Liability Corporation, recorded in Official Book 33025 Page 0520 of the Public Records of Palm Beach
County, Florida. Pursuant to the Amended Declaration of Covenants and Restrictions for the Oaks
at Boca Raton (See Exhibit "A") namely Sections 5.9, 5.10, and 7.4 that detail that any outstanding
and delinquent assessments can be required to be paid prior to the subsequent owner(s) obtaining
occupancy of the Property or enjoyment of the common areas. Based upon the foregoing, the
Plaintiff has failed to join the indispensable parties who have taken title to the Property since the
filing of the Action sub judice.
VI. Disputed Amount
As her Sixth Affirmative Defense the Defendant would assert that the amount of dan,iages sought by
the Plaintiff is incorrect due to its failure to properly receive payments, apply payments, and the
calculation of late fees and interest based upon the improper calculation of damages. Plaintiff claims
payments are due from 2016. All of which were received and acknowledged by Plaintiff.
VII.FAILURE OF CONDITION PRECEDENT
As her Seventh Affirmative Defense the Defendant would assert that the Plaintiff
DEMAND FOR JURY TRIAL
Defendant, STEPHANIE L. SCHNEIDER, demand trial by jury of all issues so triable.
CERTIFICATE OF SERVICE
I CERTIFY that a copy hereof has been furnished on February 10, 2022, via email service to all
parties designated to receive Service of Court documents via Florida's eFiling Portal pertaining to this case and to Jay S.
Levin, Esq., Sachs Sax Caplan, 6111 Broken Sound Parkway NW, Suite 200, Boca Raton, FL
33487, foreclosures@ssclawfirm.com.
Respectfully Submitted,
MCCARTHY & YERSEL, PLLC
Attorneys for the Defendant
4929 SW 74th Court
Miami, FL 33155
Ph.: (305) 407-8006 I Fax.: (866) 676-4671
By: /s/ Martin G. McCarthy

Martin G. McCarthy, Esq. Florida Bar No.: 149896
Service Email: mccarthy@myattorneyservices.com
Emre Yersel, Esq., Florida Bar No.: 114485
Service Email: eyersel@myattorneyservices.com
Service Email 2: lawclerk@myattorneyservices.com
IN THE CIRCUIT COURT OF THE
FIFTEENTH WDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CASE NO.: 502017CA004532:XXXXMB

STEPHANIE L. SCHNEIDER, et al.
Defendant/Counter-Plaintiff.
vs.
THE OAKS AT BOCA RATON

PROPERTY OWNER'S
ASSOCIATION, INC.
Plaintiff/Counter-Defendant,
-------------
I
STEPHANIE L. SCHNEIDER, et al.
Defendant/Cross-Plaintiff,
vs.
FIRST AMERICAN BANK, as Successor

By Merger to Bank of Coral Gables, LLC,
a Florida Limited Liability Company,
Third-Party Defendant,
STEPHANIE b. SCHNEIDER, et al.
Defendant/Cross-Plaintiff,
vs.
UNIVERSAL PROTECTION SERVICES, LLC

a Florida Limited Liability Corporation,
d/b/a ALLIED UNIVERSAL SECURITY
SERVICES, LLC, and FIRSTSERVICE RESIDENTIAL,
INC., a Florida corporation
Third-Party Defendant
----------------
I
COUNTERCLAIMS/THIRD-PARTY CLAIMS
COMES NOW, the Counter-Plaintiff Stephanie Schneider (hereinafter "Mrs. Schneider" or "Counter-
Plaintiff'), by and through undersigned attorney, and hereby sues the Oaks at Boca Raton Property Owner's
Association, Inc., (hereinafter "the Oaks" and/or "Counter-Defendants"), FIRST AMERICAN BANK, N.A.
(hereinafter "Third-Party Defendant" and/or "First American"), UNIVERSAL PROTECTION SERVICES,
LLC a Florida Limited Liability Corporation, d/b/a ALLIED UNIVERSAL SECURITY SERVICES, LLC
(hereinafter "Allied Universal"), and FIRSTSERVICE RESIDENTIAL, INC., a Florida corporation (hereinafter
"FirstService"), and in support thereof states:
INTRODUCTION
1. Counter-Plaintiff brings these Counterclaims against the Counter-Defendant for Breach of Contract,
Harassment, and Civil Conspiracy. The Oaks breached its "contract" with the Schneider's Pursuant to the
Amended Declaration of Covenants and Restrictions for the Oaks at Boca Raton (hereinafter the "Declaration")
(See Exhibit "A"). The Oaks engaged in a pattern of harassment against Mrs. Schneider and her Family in
violation of the Declaration, and Florida Statute § 720.305(3). The Oaks engaged in a civil conspiracy with
Third-Party Defendants, First American, First Service, and Allied Universal, to unlawfully restrict the
Schneider's, their extended Family, and service providers, and other valid visitors from accessing the
Schneider's Property in violation of the Amended Declaration of Covenants and Restrictions for the Oaks at Boca
Raton (See Exhibit "A"), and Florida Statute § 720.305(3).
PARTIES, JURISDICTION, AND VENUE
2. Mrs. Stephanie Schneider was at all material times a resident of Palm Beach County, Florida and is sui
Juris.
3. Pursuant to Fla. Stat. § 41.03(c)(2), the Case sub Judice is appropriate to be adjudicated in the Circuit
Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida being that the Counter-Plaintiff
herein seeks damages in excess of thirty thousand ($30,000.00) dollars.
4. The Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida has jurisdiction
over the subject matter of this action pursuant to, but not restricted to, Fla. Stat. § 47.011 (2013). The Property
located at 17685 Circle Pond Court, Boca Raton, FL 33496, is in Palm Beach County, Florida. Venue properly
lies in Palm Beach County, Florida pursuant to Fla. Stat. § 47.011 (2013), since all of the events which give rise
to this Complaint or occurred or were initiated in Palm Beach County, Florida, and the Parties' obligations related
to the Property arose in Palm Beach County, Florida.
5. The Oaks at Boca Raton Property Owner's Association, Inc., is Florida Non-Profit Cm;poration whose
offices, and the properties it represents are all located in Palm Beach County, Florida.
6. FIRST AMERICAN BANK, as Successor By Merger to Bank of Coral Gables, LLC, a Florida Limited
Liability Company, is a bank that engages in extending mortgage loans secured by residences in Palm Beach
County, Florida such as the indebtedness claimed against the Schneider's and the Property by the foreclosure
action styled as First American Bank v. Lawrence Schneider, Et al., Case No.: 50-2016-CA-009292 AH.
7. UNIVERSAL PROTECTION SERVJCES, LLC, a Florida Limited Liability Corporation, d/b/a ALLIED
UNIVERSAL SECURITY SERVICES, LLC, is a Foreign Corporation authorized to do business in the State of
Florida, which maintains an office in Palm Beach County, Florida, and upon information and belief was
contractually obligated to prov.ide security services to the Oaks which is located in Palm Beach County, Florida.
8. FirstService is a Florida corporation located and doing business in the State of Florida, and is the
management company of the Oaks.
9. On July 14, 2006, Mrs. Stephanie Schneider and Mr. Lawrence Schneider, Husband and Wife took title
to the Property via a Warranty Deed, recorded on July 31, 2006, in Official Book 20662 Page 0249 of the Public
Records of Palm Beach County, Florida.
10. Mrs. Schneider, her Husband, and her Family (hereinafter the "Schneiders") resided in a residential home
situated and lying in Palm Beach County, Florida, specifically located at 17685 Circle Pond Court, Boca Raton,
FL 33496 (hereinafter the "Property") from 2006 until January 27, 2021 (See DE 624 First American Bank v.
Lawrence Schneider, Et al., Case No.: 50-2016-CA-009292 AH).
11. First American Bank was granted a Certificate of Title on or about August 17, 2020 (See DE 525 First
American Bank v. Lawrence Schneider, Et al., Case No.: 50-2016-CA-009292 AH), via a Certificate of Title
recorded in Official Book 31659 Page 391 of the Public Records of Palm Beach County, Florida.
12. However, First American Bank was NOT granted a Writ of Possession to the Property until January 27,
2021, (See DE 624 First American Bank v. Lawrence Schneider, Et al., Case No.: 50-2016-CA-009292 AH).
13. Despite NOT having a writ of possession entitling it to possession of the Property, First American, the
Oaks, FirstService and Allied Universal engaged in concentrated conspiracy to deny the Schneiders, their guests,
and their nominal agents (i.e. food and necessity delivery personnel) access to the Property.
14. Pursuant to the Declaration namely Sections 5.9, 5.10, and 7.4 that detail that any outstanding and
delinquent assessments can be required to be paid prior to the subsequent owner(s) obtaining occupancy of the
Property or enjoyment of the common areas. Based upon the foregoipg, the Counter-Defendant has failed to join
the indispensable parties who have taken title to the Property since the filing of this Action sub Judice namely
First American Bank, and its successor(s) ininterest.
15. The Oaks initiated the Action sub judiae April 24, 2017.
16. The Schneiders' made all required payments to the Oaks until??? 2017.
GENERAL ALLEGATIONS
17. Mrs. Schneider, her Husband, and her Family (hereinafter the "Schneiders") resided in a residential home
situated and lying in Palm Beach County, Florida, specifically located at 17685 Circle Pond Court, Boca Raton,
FL 33496 (hereinafter the "Property") until such was wrongfully foreclosed upon by Third- Party Defendant, First
American Bank, who was granted a Certificate of Title on or about August 17, 2021 via a Certificate of Title
recorded in Official Book 31659 Page 391 of the Public Records of Palm Beach County, Florida. Further, on May
7, 2021, First American Bank conveyed the Property via Warranty Deed to Y ehuda Rosenberg and Chaya M.
Borger, husband and wife, recorded in Official Records Book 32676, Page 456, of the Public Records of Palm
Beach County, Florida. Finally, on September 30, 2021, Y ehuda Rosenberg and Chaya M. Borger, husband, and
wife, conveyed via Quit Claim Deed the Property to Bayside Shore Breeze, LLC, a Florida Limited Liability
Corporation, recorded in Official Records Book 33025, Page 0520, of the Public Records of Palm Beach County,
Florida.
18. The Schneider's made all required payments to the Oaks until 2017 despite such payments being
mishandled by both the Oaks and their Counsel.
19. On September 16, 2020, the Oak's Security gate, manned by an Allied Universal guard would not let the
Counter-Plaintiffs son, Zachary Schneider, into the community in which the Property is located.
20. Counter-Plaintiffs spouse, Laurence Schneider, came onto the scene to try and resolve the issue.
21. The Security Oak' gate, Allied Universal guard's supervisor refused to tell Laurence and Zachary
Schneider who instructed them to restrict anyone from coming to the Property.
22. Laurence Schneider presented the Oak's security gate, manned by an Allied Universal, guard his car
registration as proof of living at the Property.
23. The Oak's security gate, manned by an Allied Universal guard, guard's supervisor finally stated that
someone by the name of "Joe" was the person who gave these instructions but after calling the Oaks, he told
Zachary Schneider that this situation was miscommunication and that anyone the Schneiders want into the
community will be granted entry.
24. On October 18, 2020, Counter-Plaintiffs mother-in-law and sister-in-law attempted to visit the Property
as a surprise visit with soup and dinner for the Schneider family. Counter-Plaintiffs son, Zachary Schneider,
entered into their vehicle so that he could attempt to assist their guests gain access to the Property through the
Oak's security gate, manned by a Allied Universal security guard, who stated the security gate is not to grant
the Schneider's access into the community. Counter-Plaintiffs mother-in-law has difficulty standing or walking
from a recently broken rib and has severe anxiety. At the security gate, the Allied Universal guard denied the
Counter-Plaintiffs mother-in-law and sister-in-law access to the Property for not being on the guest list provided
to First Service by First American.
25. Further, the Allied Universal security guards advised that the Schneiders had to contact First Service the
Oak's management company to sort the situation out.
26. After numerous attempts and requests, the security guards finally granted the vehicle access only to drop
off Counter-Plaintiffs son, Zachary Schneider, and that the Counter-Plaintiffs mother-in-law and sister-in-law
were to leave the Oak's premises immediately.
27. The Allied Universal Security Guards at the Oak's Security Gate followed the vehicle to ensure that the
elderly relatives do not go into the Property.
28. After the Allied Universal Security Guard witnessed the difficult task of Counter-Plaintiff s mother-in-
law exit the vehicle with the Counter-Plaintiffs son, Zachary Schneider, he decided to return to the gate and allow
the Counter-Plaintiffs elderly relatives to enter into the Property.
29. Later that night, Counter-Plaintiffs spouse, Laurence Schneider, was returning home after running errands
when he was denied access to return to the Property through the Oak's Security Gate manned by an Allied
Universal guard. Mr. Schneider was trying to resolve the issue by showing his license with the Property listed on
it.
30. The Allied Universal Security guard told Laurence Schneider to call First Service Residential who had
received instructions from First American, which First American was already closed as they closed at 4:00 pm.
The Security gate guard then advised that he cannot let Laurence Schneider in.
31. Laurence Schneider contacted law enforcement to assist with the matter as the Allied Universal Security
Guards at the Oak refused to grant Laurence Schneider access to his Property per First American's instructions
to First Service Residential which were then carried out by Allied Universal.
32. Laurence Schneider was finally granted access to the Property once the Sheriff advised the Oak's guard
gated manned by an Allied Universal security guard that these actions were unlawful.
33. On October 25, 2020, the Oak's Security gate manned by an Allied Universal guard denied access to the
Counter-Plaintiffs food delivery service.
34. Despite the visit from the Sheriff on October 18, 2020, the Allied Universal Security gate guard still denied
access as "he was not going to risk his job so that Schneiders can have food delivery.
COUNT I-Breach of Contract
The Oaks
35. Counter-Plaintiff re-alleges and incorporates by reference paragraphs 1-33 as if fully set forth herein.
36. Counter-Plaintiff and the Oaks entered into a valid contract.
37. Specifically, the Oaks provided approval to the Counter-Plaintiff and her spouse, Laurence Schneider, to
purchase the Property, and upon the purchase of the Property the Counter-Plaintiff and her spouse, Laurence
Schneider, paid the association maintenance fees in accordance with the Declaration.
38. The Oaks materially breached the contract, the Declaration, upon their failing to provide access to the
Property by denying the Schneider's access to the Property from the Oaks' security gate.
39. Despite NOT having a writ of possession entitling it to possession of the Property First American, the
Oaks, First Service and Allied Universal engaged in concentrated conspiracy to deny the Schneiders, their guests,
and their nominal agents (i.e. food and necessity delivery personnel) access to the Property.
40. The Plaintiff suffered damages based on the Oaks breach of Contract.
WHEREFORE, Counter-Plaintiff demaQ.ds judgment for actual damages, emotional distress damages,
statutory damages, and an award ofreasonable attorney's fees and costs from Counter-Defendant.
COUNT II
HARASSMENT IN VIOLATION OF THE DECLARATION
AND FLORIDA STATUTE
41. Counter-Plaintiff re-alleges and incorporates by reference paragraphs 1-39 as if fully set forth herein.
42. The Oaks along with Third-Party Defendants, First American FirstService and Allied Universal, to
unlawfully restrict the Schneider's, their extended Family, and service providers, and other valid visitors
from accessing the Schneider's Property in violation of the Amended Declaration of Covenants and
Restrictions for the Oaks at Boca Raton (See Exhibit "A"), and Florida Statute § 720.305(3).
43. The Oak's, First American, FirstService and Allied Universal actions in violation of the Declaration and
Florida Statute§ 720.305(3) are detailed in Paragraphs 18-33 Supra.
WHEREFORE, Counter-Plaintiff demands judgment for actual damages, emotional distress damages,
statutory damages, and an award ofreasonable attorney's fees and costs from Counter-Defendant.
COUNT III
CIVIL CONSPIRACY
THE OAKS, FIRST AMERICAN, FIRSTSERVICE
AND ALLIED UNIVERSAL
44. Counter Plaintiff re-alleges and incorporates by reference the allegations of Paragraphs 1 through 39 as
though fully set forth herein.
45. The Oaks, First American, FirstService and Allied Universal conspired to unlawfully restrict the
Schneiders, their extended Family, and service providers, and other valid visitors from accessing the
Schneider's Property in violation of the Amended Declaration of Covenants and Restrictions for the
Oaks at Boca Raton, Florida Statute § 720.305(?}.
46. Specifically, such conspiracy arose from First American securing the acquiescence of the Oaks, and the
Oaks instructing FirstService and Allied Universal to conspire in deny anyone access to the Property
that was Mrs. Schneider and her Spouse Laurence Schneider, which was in violation of the Amended
Declaration of Covenants and Restrictions for the Oaks at Boca Raton and, Florida Statute§ 720.305(3),
until January 27, 2021, (See DE 624 First American Bank v. Lawrence Schneider, Et al., Case No.: 50-
2016-CA-009292 AH) when First American secured a Writ of Possession for the Property.
47. While the Schneiders were still the rightful owners of the Property, the Oaks, First American,
FirstService and Allied Universal conspired to perform an unlawful act to deny the Schneiders and their
guests access to the Property.
48. The Oaks and First American acted on the conspiracy by denying the Schneiders and their guests access
to the Property.
49. The Counter-Plaintiff suffered damages by the Oaks' and First American's actions.
WHEREFORE, Counter-Plaintiff requests that the Court award Counter-Plaintiff with
compensatory damages, statutory damages, attorney's fees and costs, and any further award that this
Court deems may deem just, equitable, and proper.
COUNTIV
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
AS TO THE OAKS, FIRST AMERICAN, FIRSTSERVICE
AND ALLIED UNIVERSAL
36. Counter-Plaintiff Mrs. Schneider re-alleges and incorporates by reference the allegations of
Paragraphs 1 through 39 as though fully set forth herein.
37. The Oaks' and First American's intentionally or recklessly caused the Counter-Plaintiff emotional
distress through their actions.
38. The Oaks' and First American's conduct was outrageous as they unlawfully restricted the Counter-
Plaintiffs family and guests from gaining access to the Property.
39. The Oaks' and First American's conduct inflicted emotional distress onto the Counter-Plaintiff.
40. The Counter-Plaintiff has suffered severe emotional distress caused by the The Oaks' and First
American's conduct.
WHEREFORE, Counter-Blaintiff demands judgment for emotional distress damages, statutory damages,
and an award ofreasonable attorney's fees and costs from Counter-Defendant.
DEMAND FOR JURY TRIAL
50. The Counter-Plaintiff demands a Jury Trial for all Counts of the Counterclaim upon which such may be
tried.
CERTIFICATE OF SERVICE
I CERTIFY that a copy hereof has been furnished on February 10, 2022, via email service
to all parties designated to receive Service of Court documents via Florida's eFiling Portal pertaining to this
case and to Jay S. Levin, Esq., Sachs Sax Caplan, 6111 Broken Sound Parkway NW, Suite 200, Boca
Raton, FL 33487, foreclosures@ssclawfirm.com.
Respectfully Submitted,
MCCARTHY & YERSEL, PLLC

Attorneys for Defendant/Counter-Plaintiff, Stephanie Schneider
4929 SW 74th Court, Ste. 5
Miami, FL 33155
Ph.: (305) 407-8006 / Fax.: (866) 676-4671
By: Isl Martin G. McCarthy

Martin G. McCarthy, Esq. Florida Bar o.: 149896
Service Email: mccarthy@myattomeyservices.com
Emre Yersel, Esq., Florida Bar No.: 114485
Service Email: eyersel@myattorneyservices.com
Service Email 2: lawclerk@myattorneyservices.com
~
EXHIBIT A (5:,~
___ ..,.... ................. _,.~·•-·--~·-· . -• ' .
1111m~m11mn1111mM1mmn11
CFN 20040605692
OR BK 17679 PG 0aa 3
RECORDED 10/25/2004 11:47:30
Palm Beach County, Florida
This instrument prepared by, Dorothy H Wilken, Clerk of Court
Pgs 0883 - 989; (107pgs)
~htg<ttttttm~tc
Name: Brian J. Sherr, Esq.

Address: Greenberg Traurig, P.A.
401 ast Las Olas Boulevard
000
derdale, Florida 33301
RECORD N TO:
CARLE. <>..Ye..=~, ESQ, (Attn: HEB)
SIEGEL, L fijJNAV & SHEPARD S ace reserved for Clerk of Cowt
5355 TOWNL ROAD, SUITE 801
BOCA RATON ~ 6
_/20
~ AMENDED AND RESTATED
DECLA~N OF COVENANTS AND RESTRICTIONS

F IDLL ESTATES OF BOCA RATON
WHICH S ~AFTER BE REFERRED TO AS THE
AN.l~ED AND RESTATED
DECLARATION~
~NANTS AND RESTRICTIONS
~9 OR
THEO
Book17679/Page883 Page 1 of 107

TABLE OF CONTENTS
Article 1. DEFINITIONS AND INTERPRETATION .....................................................................1
OPERTY SUBJECT TO TIDS DECLARATION; ADDITIONS AND

'!>-"•&cl""-~"f""JI.WALS ............................................................ ~ .......................................................... _.... ~ ......... 6
0
2.2. "....,...-n.ements ..........................................................................................................................................................6
2.3. ~ w a l . ............. ;....................................................................................................7

-~o .
~~: 3. ::;&::·~::::·::::·:·::·:::::;:~:~::::::=:::::::::::
3.1. Members~-··········-··········-·•-·······-••············-··········-·-··-·················-·····-······8
3.2. Voting Rights~ ......................................................................................................9
3.3. General Matters~...............................................................................................9
3.4. Notification ············~······· .....................................................................................9

3.5. Dissolution .............. ~......~ ...................................................................................9
3.6. Applicability of Declarat~r Dissolution ......................................................... 10
3.7. . Litigation ...............................~.......................................................................10
Article 4. THE COMMON PROPERTIE~ iASEMENTS ............................................11
4.1. Members Easements ··-·-·······-·····~····-·-···········-·-··············-·-·-·-'····•···11

4.2. Easements Appurtenant ...................... @ ............................................................13
4.3. Comll10n Properties Maintenance ...-·····~··-·-··············-··-·················-·-·13
4.4. Exp~nses .................................................................. ..............................................................14
4.5. Utility Easements, Community Systems, Co operties and

Lots/Homes .................................................................... . ............................................. 14
4.6. Drainage Easements....·-·······-·······················-·-~-··-··········-········-··········14
111-tMll\MCC,'WLEYDIJ4130lvl 6\wd9m 16_ .DOC\7/IS/04\14449.020600

~

4.7. Ownership of Common Properties ........................................................................... 15
4.8. Communify Systems .......................................................~ ............................................. 16
4.9. Easement for Encroachments .................................................................................... 17
4.10. Lake Maintenance Area and Lake Access Tract Easement. ..................................17
cial.E&sements For Certain Homes .................................................................... 18
./ .....""-.... bership Amenities .........................................................._..........................................21
~~ Members .................................................................................................:.....21
4.14. ~rhoods ............................................................................................................22
0 .
4.15. Para Right of Declarant .................................................................................22
4.16. Publa ies ·······························································································•·1t••······22

4.17. Right to ~ for Community Systems •••••.•.••....••.••••••••••••••.•••••••.•••.••...••••22
4.18. Restoration ... ~ ....................................................................................................23
Article 5. COVENANT FO~ESSMENTS .........................................................................23
5.1. Creation of th~ Lie~ersonal Obligation of the Assessments ........................23
5.2. Purpose of Regular An~sessments .................................................................24
5.3. Lien..................................... . . . ....................... ,......................................................24
5.4. Payment of Regular Annua ments; Due Dates ............................................24
5.5. Special Assessments ................. ~.9....................... ~...................~ .......................25

5.6.. Capital Improvement Assessmen~·····························s···•··············· ·····25
5.7. Neighborhood Assessments .................~............................................................26
5.8. Duties ·.o f the Board of Directors .. ~······ .... ·~· .. .. .................................................26
S.9. Effect of Non-Payment of Assessment; the ~ l Obligation; the Lien;

Remedies of the Association .............. ~....... ~ ....~~................................................27
5.10. Subordination of the Lien ................................... ~............................................28
5.11. Effect on Declarant ·······································~···-··························-·····28
ft~m-Ol\MCCAWLEYD\J41302vl6\wd9ml6_.DOC\7/ i5/04\14449.020600
~
11

5.12. Working Capital Contributions and Working Capital Fund ................................30
5.13. Association Funds .......................................................................................................30
5.14. Special Use Fees ......................._............................................................:........................31
Article 6. MAINTENANCE OF HOMES AND LOTS .............................................................31
es .................................................................................!••··················. ·······················31
s................................................................................................................................31
0
6.3. 'lf.•>-.i;.-tion •..•....•••.••..••....•..•..•....•..•............•..•......•...••......•.•....•.......•......•..........•.......•....32
6.4. ·S~ion and Regulation of Land ......................·..................................................32

0
6.5. Rem~or Noncompliance....................................................................................32
6.6. Costs o~edial Work; Surcharges ......................................................................33
6.7. Right of E~···········-·-···········-·-···········-·······-·-·······-·························-··-·-··.33

6.8. Limited Exe 10 •••••••••••••••••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••• ~~ •••••••••••• 33
6.9. ·
6.10. Buffer_ Area Maint~······ ....................................................................................34
6.11. Maintenance of Adjacen Jes and Sidewall<:s ................... ~..................................35
6.12. Maintenance of Lake M ce Easement Areas and Lake Access

Tracts ._............................... . ......................................................................................35
Article 7. CERTAl _"~-- ~n--OtS ..........................~ ...................................35
7.1. Applicability ............................... ~. .............................................................35
7.2. Obstruction of Common Propertie .. . ...........................................................-....... 35
7.3. Assumption of Risk .............................. @ .........................................................35

7.4. L9t Owner's Obligations to Indemnify .... 9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
7.5. Land Use and Building Type ......................... -@............~...................................36

7.6. Construct~on Activity........................................... ~ .........................................·..37
7.7. Easements............................................................. .. t)•• ......................................37
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iii

7.8. Nuisances ..........................................................................................................................................................................................................37
7.9. Temporary Structures; Other Outdoor Equipment...............................................37
7.10. Signs ......................................................................................................................................................................................................................................38
7.11. Pets, Livestock and Poultry................................................................................................................................................................... .38
·bilify at Intersections ..........................................................................................................................................................................38
1tectural Control ....................................................................................................................................................38
'biiify Standards................................................................................................. 41
7.15~ ~ehicles, Trailers, Campers and Boats and Lots/Garages .........................41
7.16. . Parki~8ommon Properties and Lots ...............................................................42
7.17. Garbag~rasb Disposal.....................................................................................42
7.18. Fences, W ~ Hedges .........................................................................................42
7.19. No Drying....•..~.............................................................................~ ..................... 43
7.20. Home Air Condi~ and Reflective Materials............ ~...................................... 43
7.21. Exterior Antennas .. ~ · · · · .. ·•••••••·•·••••............................................................. ~ .•••.•43

7.22. Lakes and Waterbodies.~·····.. •·•••·•·•···•..............................................................43
7.23. Storage ........................... .\,'.,,.®. . . . . . . . .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
7.24. Boat Storage ............................ .. .. . ........................................................................... 44
7.25. Intentionally Omitted............... . .o.....................................•...........................44

7.26. Disturbance of Littoral Zone Pia .. ·······-.. ·················································44
7.27. Security Guards ............................... ~....~.................................................45
7.28. Golf Carts ...............................~ ..................~ .................................................45
7.29. Members' Permittees ................................ ~......................... ~ ............................45
7.30. Home Office ....................................................... ~ .......................... ! .................... 46
7.31. . Extended Vacation and Absences ........................ ~ ............................................... 46
7.32. Variances; Exceptions ......................................... .. .. ~................................46

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iv
. i.-;

7.33. Applicability to Builden•••••••••••••••••••••••••••••••••••••~.......................................................46
7.34. Additional Rules and Regulations •••••••••................•...•...•••.•••••••••••••••••.............•......... 46
Article 8. RESALE AND LEASE RESTRICTIONS •.•....•.....•...•••..•..•.••....•.•...•.••.•..•...........•.... 47
8.1. Resale ............................................................................................................................... 47
ases ............................................................................................................................47
ORCEMENT ................................................................................................................48
9.1. ~ance by Lot Owners ............................................................................... ~ ....... 48
9. 2. ment ................................................................................................................................... 48
0
9.3. Fine~......................._.............................................. .. .................................48
Article 10. INSU~E............. .......................... ................. ...................................49
10.1. Common ~ e s ··:·•·······························•··············•··························•···········49

10.2. Replacem~ air of Property ······-·········•·································· ..............50
10.3. Waiver of Suhr~ ..................................................._................................... ....... 50 ~
10.4. Liability and Otbe~ance ..................................................................................50
A~c:~~1.:=:::::::~~:;~·:~::;;;:::;:;~:::::::~:~::::::::::::
11 . 1. Casualty....................................... . •.................................................................................................51
11.2. Casualty to a Home .................. ~ . Q...................................................................52
Standard of Work for Home Cas,... ,..... .,,," ,.... . .................. ~................................................................ 52
11.4. Additional Rights of Association fo Casualty ..........................................................52
11.5.
Article 12. MORTGAGEE PROTECTION ..................................................................·•.• ~...........................................53
Article 13. GENERAL PROVISIONS ...........•.•............ ~..•.•.......•.......•................•.54

13.1. Duration ................................................................................... ~ ................................................................ 54
13.2. Notice.................................................................................... . ·~············· · .................55
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Enforcement ...............................................................................................................................55
13.4. Severability ....................................................................................................................................S5
13.5. Ra.tification ··••1!••··················· ..............................................................................................................ss
13.6. Amendment .................................................................................................................................................. 55
ective Date .........................................................................................................................................................56
nflict ........................................................................................................................................................................56
~:!::~.~.:'. : ~.~~~'.:'.'.: ~.~:~~'. : : :.~~~::.~~~'.:~.:.:~...... . .. . . . . 56
13.10. Ease~Q................................................................................................................ 56
13.11. C o n s ~ Activities ..............................................................................................57
claimers as to Community Systems................................................57
as to Water Bodies...................................................................................... 59
13.14. Certain Rese ts of Declarant with Respect to Community Systems ......59
13.15. Disclaimer of Warm .......................................................................................... 60
13.16. Liability of the Ass~on ........................................................................................61
13.17.
13.18. Interlocal/School Agreem ........................................................................................................63
13.19. Disclosure of Agricultural ·ng Plant and Animal Clinic ......................63

0
13.20. Covenants Running With The ~·························································64
13.21. Articles and Bylaws.........................~.................................................................64
13.22. Indemnification .............................. .... ~ @ .............................................................64

Article 14. ADDITIONAL RIGHTS OF DECL ......................................................................65
14.1. Sales Offi~e ..................................................... ® ......................... 65
14.2. Promotional Events ....................................~ ........~ ............................................65
14.3. Modification.................................................... ~·····:•·············•··· ······65
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vi

14.4. Use by Prospective Purchasers ................................................................................. 65
14.5. Franchises ........................................................................................................................ 66
EXHIBITS
Articles of Incorporation of The Oaks at Boca Raton Property Owners'

Associatfon, Inc.
E By-Laws of The Oaks at Boca Raton Property Owners' Association, Inc.
Ex Legal Description
Exhi 0 Rules and Regulations
ftl-lM)l\MCCA WU!YD\J41302vl 6\wd9m 16_.DOC\7/1 S/04\14449.020600
vii

AMENDED AND RESTATED
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
THEOAKSATB OCARATON
(FORMERLY FOX HILL ESTATES OF BOCA RATON)
11
WHEREAS, FOX HILL, LTD., a Florida limited partnership (the Prior Declarant"),
formerly o d the Original Land (as defined below) and recorded that certain Declaration of
Covenants.~1-itio ns, Easements and Restrictions for Fox Hill Estates of Boca Raton recorded
00 in Official Records Book 11553, Page 557 of the Public Records or'Palm
R::rJ.>-::.,-orida (the "Original Declaration");
REAS, the Prior Declarant has sold and conveyed all of its right, title and
interest in the W~ Land to the Declarant (as defined below);
AND ~~RIArticl e XII of the Original Declaration provides that the Prior
Decl:U-~t, its succ d assigns currently have the unconditional right to alter or modify the
restrictive covenan ; · .
AND WHEREA~, suant to that certain Covenant recorded May 24, 2001 in Official
Records Book 12585, e 4 of the Public Records of Palm Beach County, Florida (the
"Covenant"), all of thos ~ - with an interest in the -Original Land, including the Prior
Declarant and the Initial Bu · ci5'~
defined below), agreed that the Declarant may unilaterally
amend the Original Declarati ~ ·
-AND WHEREAS, pursu~that certain Assignment of Declarant's Rights recorded

May 24, 2001 in Official Record 12585, Page 712 of the Public Records of Palm Beach
County, Florida, Prior Declarant signed to Declarant all of its right, title and interest as
"Declarant" under the 9riginal Declar~
AND WHEREAS, the Declarant ected to change the name of the subject project
from Fox Hill E~tates of Boca Raton to s at Boca Raton and to amend and restate the
Original Declaration as set forth µerein;
0
· NOW, THEREFORE THIS AMENDr.~",-.,ni STATED DECLARATION is made as
nd
of the 2 day of Aua.':L?:C: , 2004, b lffy~IWlf!lnlllt, · as successor in interest to the
Fonner Declarant, which declares hereby that Th 5 tBoca Raton (f/k/a Fox Hill Estates of
Boca Raton) is and shall be held, transferred, nveyed and occupied subject to the
covenants, restrictions, easements, charges and li reinafter set forth. The terms and
conditions of this ~ended and ~e~tated Declru:ati~n ~ d and supercede in all respects
the terms and conditions of the Ongmal Declaration m i~ety.
ARTICLE 1.
DEFINITIONS AND INTERP
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Declaration
I

1.1. "ACC" ·shall mean the Architectural Control Committee selected from time to
time by the Board of Directors to approve all buildings, structures or
improvements on any Lot as more fully described in accordance with Section 7.13
hereof.
1.2. Articles11 shall mean the Articles of Incorporation of the Association which have
11
been filed in the office of the Secretary of the State of Florida, a true copy of
:which is set forth as Exhibit "A" hereto, and incorporated herein by this reference,
such Articles may be amended from time to time.
sessments" shall .collectively mean all assessments payable to the Association

~ t to this Declaration or otherwise with respect to any Lot, including
· ut limitation the regular annual assessments, specific special assessments,
\ff~~~ special assessments, capital improvement assessments and neighborhood
a$Se$!5lfnents all as more fully described in Article 5 hereof. -
0
1.4. "As~~n" shall mean and refer to THE OAKS AT BOCA ,RATON
P R ~ OWNERS' ASSOCIATION, INC., a Florida corporation not for
profit, a Fox Hill Estates Association, Inc.
1.5. "Board o ~ r s " shall mean the Board of Directors of the Association.
1.6. Builder" s h ~ a n d refer to a party acquiring one or more Lots from

11
Declarant for se of constructing thereon a single family home for "retail"

sale and design d by Declarant as a "Builder" and shall include the Initial
Builders. In the ev~any doubt or conflict as to whether any party is a Builder
hereunder, ~ writte ment from Declarant regarding same shall be binding
· and conclusive. ·
1.7. "By Laws" shall mean ~~~-aws of the Association, which have been adopted
by the Board of Directo rue copy of which· is set -forth as Exhibit "B 11
attached hereto and incorp erein by this reference, as such By Laws may
be amended from time to tim
1.8. Common Properties" shall meap,:sm1~~r to all property including any fixtures
11
or improvements thereon owned,1e.$~<>t~he use of which has been designated,

assigned or granted to the Ass i by Declarant in writing, herein or·
otherwise, as well as all property deM°"Q~~ as Common Properties in any future
recorded supplemental declaration or ..... ,.. ,_..... rtion of a plat or replat of The Oaks
dedicated to or reserved for the Associ n- ther with the landscaping and
any and all improvements thereon, in · · g, without limitation, all private
roadways and pedestrian walkway areas, stru es, surface water management
systems, recreational facilities, open space, eas, conservation easements
and areas, walkways, sprinkler systems and s,~M-t'i-ohts, perimeter privacy wall,
gatehouses, entry gates, if any, entry features, u eluding any public utility
installations thereon not owned by the Associa 1 , d any other property of
Declarant used in connection with the construe · opment and marketing
ftl-ln'Ol\MCCAWLEYD\34130lv16\wd9ml6_.DOC\7/l5/041\4449.020600
Declaration
2

of The Oaks (i.e., sales office, furnishings, equipment, and construction vehicles
and supplies). Each Lot Owner shall be deemed to accept title to the Lot, subject
to the easements reserved in the J>lat, any other plat affecting title to The Oaks and
herein reserved over the Common Properties. Declarant may, from time to time
by supplemental declaration, for as long as it owns any property within The Oaks,
add or withdraw Common Properties from the jurisdiction of this Declaration
pursuant to Sections 2.2 and 2.3 below, whereupon such property shall become
art of the Common Properties or shall no longer constitute a portion of the
mmon Properties (as the case may be). In the event that the Association
pts an easement, use rights, maintenance rights or obligation or a similar
t over, under or through any portion of The Oaks or any property adj acent
e\9 or in the vicinity thereof, including, without limitation, public road
1ans, the area subject to such easement shall be deemed Common Properties
purposes of, but only for the purposes of, the Association performing
ever duties or obligations are staied in, or implied by law with respect to such
ease~e f? other grant (but including but not limited to any maintenance rights
or o · · s). The Common Properties do not include any portion of a Home.
1.9. "Comm i · t y tandards" shall mean such standards of conduct, maintenance or

other acti · · any, established by the ACC pursuant to Section 7.14 hereof.
11
1.10. "Communi ~ - shall mean and refer to any and all natural gas supply
system, cab · · n, alarm/monitoring or other lines, conduits, wires,
amplifiers, towe ennae, equipment, materials, Telecommunications Serv~ces,
installation and a e (including those based on, containing or serving future
technological adv t now known) installed by Declarant or pursuant to any .
grant of easement thority by Declarant within The Oaks and serving more
than one Lot. ·
1.12. "Declarant" shall mean an'1..:l-.·~~~~""- to The Oaks at Boca Raton Venture, L.P.; a
Florida limited partnership, 1 s sors and such of its assigns as to which the
rights of Declarant hereunder f ~tfically assigned in writing. Declarant may _
assign all or a portion of its rigirtsJi der. In the event of any assignment
hereunder, unless specifically s ·se in the assignment, the .assignee
1
shall not be deemed the Declaran ay exercise such rights of·Declarant
specifically assigned to it upon th assuming in writing the rights
assigned. Any assignment may be mar1-a::~-~-a~-'.IJ'r,.._exclusive basis.
1. 13. "Home" shall mean and refer to the in ual residential structure ·and related
improvements and appurtenances thereto co~~ed on a Lot or Lots. A Home
shall include, without limitation, a coach ~~ villa, townhouse unit, single
family home and zero Jot line home. The t e ~ m a y not reflect the same
division of property as reflected on a Plat. A · all be deemed created and
· have perpetual existence upon the issuance of · temporary Certificate of
. Occupancy for
such residence; provided, howe ~ ~bsequent loss of such
ftl-!IM)I\MCCAWLEYD\J ◄ IJ02vl6\wd9ml6_. DOC\7/IS/04\l4◄-49.020600 ~
Declaration
3

Certificate of Occupancy (e.g., by casualty or remodeling) shall not affect the
status of a Home, or the obligation of Lot Owner to pay Assessments with respect
to such Home. The term "Home" includes any interest in land, improvements, or
other property appurtenant to the Home.
1.14. "Initial Builders" shall mean and refer to ·those Builders who are designated as the
"Owners" in the Covenant; to wit, the Prior Declarant, DFP Associates, Inc., a
Florida corporation, Watermark Group, Inc., a Florida corporation, and Qualk
omes, Inc., a Florida corporation.
t" shall mean and refer to any lot on a Plat of land within The Oaks, which
t tdesignated by Declarant hereby or by a Supplement or any other recorded
1 ent executed by Declarant to be subject to these covenants and restrictions,
t shown upon any resubdivision of any such Plat, and any other property
t.r..-..~er declared in writing as a Lot by the Declarant and thereby made subject
s
to t ~ iaclaration, tog~ther with all structures and/or improvements thereon
incl ut not limited to, a Home.
1.16. "Lot er" shall mean and refer to the record owner, whether one or more
persons o~ies, of the fee simple title, or an undivided interest therein, to any
Lot situa · ·n The Oaks, including but not limited to, Builders and the
Declarant. ~
1.17. "Member" sh and refer to all those Lot Owners who are Members of the
Association as vided in Article 3 hereof, including Builders and the Declarant
and shall include " ~ r Members" as provided in Article 3.1 hereof.
C> .
1.18. "Member's Permitte shall mean and refer to a person described in Section 7.29
hereof. ~ .
1.19. "Mortgage Lender" shall d refer to a bank, savings and loan association,
mortgage banker or co , ension fund, agency of the · United States
Government, Real Estate t Trust, the Federal National Mortgage
Association, the Federal Hom J&V,iuT-o.11YM1Jrtgage Corporation, the Declarant, or any
other lender (or any successor o ~ o f ) holding a first mortgage lien on a
Lot(s) which is subject (i.e., . s only to tax liens and secures an
indebtedness which is amortized 1 thly or quarter-annual payments over a
. period of not less than ten (10) years. @
1.20. "Multichannel Video Programming S e r v ~ mean any method of delivering
video programming to Homes includin~out limitation, interactive video
programming. By way of example, and not ~ itation, the term "Multichannel
· f
Video Programming Service 11 may includ c e television, satellite master
antenna television. multipoint distribution sy iYideo dial tone, open video
system or any combination thereof.
l\1-1tvOIIMCCAWLEYD\3 ◄ \30Zvl6\wd9ml6_DOC\7/IS/04\1 ◄◄49.0Z0600
Declaration
4
~
1.21. "Neighborhood" shall mean and refer to a group of Lots receiving additional
services provided by the Association, at the Neighborhoodrs expense, which are
not provided to other Lots (e.g., additional landscape maintenance, special
lighting, entry features and signage, etc.). There may be more than one
Neighborhood. Until Class B membership ceases, Neighborhoods may be
designated solely by the Declarant. After Class B membership ceases, additional
Neighborhoods may be designated by the Association. All groups of zero Jot line
ots, as more particularly described in Section 4.ll(b) below, shall be treated
llectively as a Neighborhood under this Declaration.
e Oaks or The Oaks at Boca Raton" shall mean and refer to the Total Land (as
ed11ay be increased or decreased pursuant to Article 2 hereby). The
ation shall maintain those areas lying outside of The Oaks which it is
ed to maintain pursuant to agreements between or with governmental
and the Declarant and the Association or as Declarant has determined in
its s~cretion.
1.23. "Orig~~nd" shall include all the property described in the Original
Decl~~;~gal description attached hereto as Exhibit "C-1 ").
1.24. - ..... - ..... and refer to any plats of all or a portion of the land lying within
uding~ but not limited to, any land added to the Total Land in
..,,~••-.ac!.!,..r.ovisions of Article 2 hereof) and any replats thereof (or of
uding, without limitation, the Plat of Fox Hill Estates of
Boca Raton, re <led at Plat Book 87, Page 4 of the Public Records of the
County. ~
1.25. "Premium Channels sa~mean any channel recognized in the industry as
premium including, wi u imitation, HBO, Showtime, Disney, Cinemax, and
the Movie Channel. ~
1.27. "Supplement" shall mean an c el supplemental declaration executed by

Declarant, which shall be recor ~ ublic records of the County, as more
fully set forth in Section 2.2 and 2 herein.
1.28. 'Telecommunications Provider" ean any party contracting with

Association to (i) provide Lot Owne · h one or more Telecommunications
Services or (ii)to own, maintain an e · Telecommunications Systems
allowing Telecommunications Services provided to The Oaks. Declarant
may be a Telecommunications provider. 'th respect to any particular·
Telecommunications Services, there may b r more Telecommunications
Providers. By way of example, with respect t · hannel Video Programming
Service, one Telecommunications Provider ma r · e Association such service
while another may own, maintain and service ili ommunications Systems
which allow delivery of such Multichannel Vide ~rl!ffutllning Service.
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Declaration
5

1.29. "Telecommunications Services" shall mean local exchange services provided by a
certified local exchange carrier or alternative local exchange company,
intercalate, and interrelate voice telephony and data transmission service,
Multichannel Video Programming Service, and Monitoring System. Without
limiting the foregoing, such Telecommunications Services may include the
provision of the following services: Toll Calls, Data Transmission Services,
· Basic Service and Premium Channels.
' elecommunications Systems" shall mean all facilities, items and methods
·red and/or used in order to provide Telecommunications Services to The
. Without limiting the foregoing, Telecommunications Systems may include
· esJfiber optic or other material), conduits, passive and active electronic
.,._,.,,,..-rment, pipes, wireless cell sites, computers, modems, satellite antennae
~ transmission facilities, amplifiers, junction boxes, trunk distribution, drop
~§'; electrical apparatus, converters, connections, head-end antennae, earth
station~ appurtenant devices, network facilities necessary and appropriate to
sup~~()-sions of local exchange services and/or any other term appropriate or
neces support provision of Telecommunications Services. Ownership
and/or l o of all of a portion of any part of the Telecommunications Services
may be · ed among network distribution architecture, system head-end
equipment, ~urtenant devices (e.g., individual adjustable digital units).
1.31. "Title Docum 1 have the meaning set forth in Section 6.9 ~ereof.
1.32. "Total Land" sh mean and refer to the property legally described in Exhibit "C"
attached hereto and~ a part hereof. The Total Land includes all the property
described in the ~ a l Declaration (legal description attached hereto as
Exhibit"C-1") (defined,inas the "Original Land") and additional property
described in Exhibit "C ched hereto and made a part hereof. Property may
be added to the Total d/or withdrawn therefrom from time to time by
Declarant as more fully se erein in Article 2.
DECLARATION•
ADDITIONS WALS
2.1. Property Subject to Declaration. roperty which, initially, is and shall be

held, transferred, sold, conveyed an ied subject to this Declaration is the
Total Land, which land and impro~[Jcn~ ereon (and all . additions and
improvements thereto and less any wi YYA:1.1.,.,,•..,erefrom) is herein referred to
collectively as "The Oaks".
2.2. Supplements. Declarant may, (in Declarant' ol and absolute discretion) from
time to time add additional · land to the d or The Oaks, whether
contiguous to the Total Land or not, by·recordin a lement (such Supplement
shall not require the consent of any other party, inc.....,.,_,CJ.., without limitation, the
then existing Lot Owners, the Association, or an e other than that of the
ftl-1"01\MCCAWLEYD\3~1302vl6\wd9ml6_.DOCl711S/04\14449.020600
Declaration
6

land intended to be added thereto). If such Supplement requires the approval of
the County Attorney or Board of County Commissioners, such consent shall be
obtained. Nothing herein, however, shall obligate the Declarant to add to the
initial portion of The Oaks or to the Total Land, to develop any such future
portions, nor to prohibit Declarant from changing plans with respect to such
future portions. All Lot Owners shall be deemed to consent to any such change,
addition or deletion thereafter made by the Declarant and shall evidence such
onsent in writing if requested to do so by the Declarant at any time (provided,
wever, that the refusal to give such written consent shall not obviate the general
matic effect of this provision).
,,..;.~~::.:w:.:.:al=· Declarant reserves the right to amend this Declaration at any time by
ing a Supplement (such Supplement shall not require the consent of any
.,.........r,=arty, including, without limitation, the then existing Lot Owners, the
iation, or any mortgagee other than that of the land intended to be added
. theret~i>.out prior notice and without the consent of any person or entity, for
the ~ of removing certain portions of The Oaks then owned by the
Deel t its affiliates or the Association from the provisions of this
Declara ·o ~the t extent included originally in error or as a result of any changes
in the pl The Oaks desired to be effected by the Declarant; provided,
however, uch withdrawal is not unequivocally contrary to the overall,
uniform sen ~ development for The Oaks. If such Supplement requires the
approval of ~ ~ t y Attorney or Board of County Commissioners, such
consent shall b ~ e d . Any withdrawal of land not owned by Declarant shall
require the written~nt or joinder of the then-owner(s) and mortgagee(s) of
such land, which cwshall npt be withheld.
Declarant also ~ ees the right to Supplement this Declaration at any

time, without prior not e· d without consent of any person or entity, for the
purpose of removing l ~ h eTotal Land. However, no Supplement that
withdraws land from the and shall be recorded .unless approved by the
County Attorney or Board o Commissioners.
2.4. Plan of Development. The pl ~!Jipr~cess for The Oaks is an ever-evolving one
and must remain flexible in ordeM<>~ ]>4onsi~le to and accommodate the needs
of Declarant. Subject to the Titl o nts, Declarant may wish and has the
right to develop The Oaks and a roperty into (i) Lots; (ii) residences,
comprised of homes, villas, coach ijQl~sl duplex, town homes, zero lot line
homes, patio homes, single-family hOrtjes:;:~:s e homes, multi-family homes,
condominiums, rental apartments, and o~vilmnS of residential dwellings and/or
(iii) commercial development, which ma elude shopping centers, stores, office
buildings, showrooms, industrial faciliti echnological facilities, and
professional offices. The existence at an in time of walls, landscape
screens, or berms is not a guaranty or promise s h items will remain or form
part of The Oaks finally developed. The Deel elect (in Declarant's sole
QUl.4~~)1
and absolute ·discretion) to pursue the potenti ~ ment of a single family
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~- .
Declaration
7

residential project on an adjacent parcel of real property that may be of substantial
or unsubstantial size (the "Additional Land"), which project, if.developed, may be
incorporated as part of The Oaks. In the event the Declarant elects to proceed
with the development of the Additional Land, then: (i) the Additional Land may
be added to the Oaks ; (ii) the Declaration may be modified to incorporate the
Additional Land and .the homes, common areas and other improvements
constructed thereon; (iii) the recreational facilities, Membership Amenities (if
y) and Common Properties governed by this Declaration may be enlarged
d/or modified and the homes in the Addit.ional Land may share use rights
uant to the Declaration; and (iv) the entrance on Clint Moore Road may be
ocated.
ARTICLE 3.
RSHIP AND VOTING RIGHTS IN THE ASSOCIATION
3.1. ===.~·". Every Lot Owner shall be a Member of the Association, including
ited to Declarant and Builder. There may also be up to eight (8)
Foun mberships designated by Declarant as described in Section 3.1.1
below. dditionally, a grantor of a trust (as defined in Florida Statutes §
733.707(~ben eficiary (as defined in Florida Statutes§ 737.303(4)(b)) of a
trust whic record ownership interest in any Lot or Lots (but not merely as a
security int ~ 1 1be deemed a Member of the Association, provided said
beneficiary c the Lot or Lots. Notwithstanding anything else to the
contrary set fo ·s Section 3.1, any such person or entity who holds such
interest merely security ·for the performance of an obligation shall not be a
Member of the Ass~n.
3.1:1. Founder M~ers i Notwithstanding anything contained herein,

Declarant reserv right, but not the obligation, to designate up to eight
(8) FounderMemticJBnws to its designees as it so determines (which may
or may not be Lot s), which Founder Memberships shall entitle the
Founder Member (1 · family and guests) to all of the rights of a
. Member including, b n ited to, the same rights of access to and use
of the Common Prope ~~IQding, without limitation, to any roads and
recreational facilities, ~~ .)Membershi p Amenities (if any).
Assessmen~s to these Fo hers shall be at the same rate of the
then current regular annu sments payable · by a Lot Owner, as
described in Section ·5.4(a) and shall be subject to no other
assessinents. Once granted, sH1.;;R..-rt-1.1m er Memberships shall continue
just as any other membership,· in rior to or after the existence of
Class B membership. A Foundi ember may terminate its Founder
Membership at any time with no assessment obligation. Such
Founder Memberships may be assi d the owner of such Founder
Membership to a person or entity that may not be a Lot Owner.
ftl-srvOI\MCCAWLEVDll4130lvl6'wd9inl6_.DOC\7/IS/04\1#19.020600
Declaration
8

obligations of Founder Memberships without the consent of each Founder
Member.
· 3.2. Voting Rights. The Association shall have two (2) classes of voting membership:
Class A. Class A Members shall be all those Lot Owners as defined in Section
3.1 with the exception of the Declarant (as long as the Class B membership shall
exist, and thereafter the Declarant shall be a Class A Member to the extent it
as
ould otherwise qualify). Except provided below, Class A Members shall be
itled to one (1) vote for each Lot in which.they hold the interests required for
__,..,,..~...bership by Section 3.1. When more than one (1) person holds such interest
interests in any Lot, all such persons shall be Members, and the vote fQr such
f?all be exercised as they among themselves determine, but, subject only as
~ d i n the following paragraph, in no event shall more than one (1) vote be
~ t h respect to any such Lot.
0 .
Cl he Class B Member shall be the Declarant. The Class .B Member shall
one (I) vote, plus two (2) votes for each vote entitled to be cast in
the ag ate at any time and from time to time by the Class A ;Members. The
Class B ~ership sha1:l cease and t e ~ate three (3) months after ninety
percent ( Vc f the Lots in · ·a11 phases of the Total Land (as same may be
increased ~ )has been sold and conveyed by the Declarant (or its
affiliates) to L wner other than Declarant or a Builder, contractor or other
who purchases t for the purpose of constructing improvements thereon for
resale, or soone the sole and absolute discretion and election of ·the Declarant,
whereupon the C l ~ Members shall be obli~ated to elect the Board of
Directors and ass~trol of the Association.
3.3. General Matters. Whe e ence is made herein, or in the Articles, By Laws,
rules and regulations o -·--.,,, 0.ciation, management contracts or otherwise, to a
0...
majority or specific perce f Members, such reference shall be deemed to be

reference to a majority or s~::»~~ercentage of the votes of Members present at a
duly constituted meeting the of . , one for which proper notice has been given
and at which a quorum exists) ~&the Members themselves.
3.4. Notification. Notwitqstanding ~ t a i n e d herein, every person or entity

who is a Member of the Associatio notify the Association in writing at the
time they become a record owner of erest in any Lot and shall accompany
such notice with ·a copy of the dee_....,~..:.-~'.t!er instrument conveying such fee
interest. A Lot Owner shall not be entitl to until the Lot Owner gives such
notification to .the Association, but the L-"'-.~-er shall be liable for'Assessments
notwithstanding said notice requirement. ~ .
3.5. Dissolution Any Lot Owner may petition the Court of the County for the
appointment of a Receiver to manage the affairs ~sociation in the event of
the dissolution of the Association. ~
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Declaration
9
••-••• • ••.C •• • • ••••••-•••,• •,<' •-•• • · •

3.6. Applicability of Declaration after Dissolution. In the event of dissolution. of
Association, The Oaks and each Home therein shall continue to be subject to the
provisions of this Declaration, including, without limitation, the provisions
respecting Assessments specified in this Declaration. Each Lot Owner shall
continue to be personally obligated to the successors or assigns of Association, as
the case may be, for Assessments to the extent that Assessments are required to
enable the successors or assigns of the Association to properly maintain, ope~te
and preserve the Common Properties. The provisions of this Section shall only
ply with regard to the maintenance, operation, and preservation of those
ions of The Oaks which had been Common Properties and continue to be so
ed for the common use and enjoyment of the Lot Owner.
· ~ion. No judicial proceeding shall be commenced or prosecuted by the

unless approved by a vote of the Members representing seventy-five
"'""''n.,,,.,.,· ation
n.et1~·t (75%) of the total votes in the Association (i.e. not j ust the Members
pres~~ffierson or by proxy at the meeting of the Association at which such vote
is ~ i s Section does not apply to (i) actions brought by the Association
again ies other than the Declarant to enforce the provisions of the
Declar · n, ·i) the imposition and collection of Assessments, (iii) proceedings
involvin.J;W.njU~ges to ad valorem taxation or (iv) counterclaims brought by the
__,.,,..,..,roceedings instituted against it. Furthermore, in the event the
T',.,.••,.,,,. suit against the Declarant, the Association must specially
't-,1.lwn~..tor the cost thereof as the funds from Assessments, reserves

and/or capital voJlffi:butions shall not be used in connection therewith. This
paragraph may = bamended without the Declarant's prior written consent
(which may be wi ·n Declarant's sole and absolute discretion) and approved
by a vote of the ers representing seventy-five percent (75%) of the total
votes in the Associatio~not just the Members present in person or by proxy
at the meeting of the A~~on at which such vote is taken).
Once the requirements of e~ ve paragraph of Section 3.7 have been inet by

the Association, the Associ-u"n-:.must provide written notice of the claim against
the Declarant to the Deel -,--_,..,. .,., ~ter than sixty (60) days prior to the
commencement of any judici~JJ;01~ecting. In that sixty (60) day time period,
Declarant s~~l ~ve the_option, ·~~discretion, to elect binding arbitration
rather than ht1~ahon. ~'v
If Declarant opts to pursue bindin~tion, then any and all claims or

controversies (including whether the c · ·trable) shall be submitted to and
resolved by binding arbitration, accordin ollowing procedure:
a. The rules of the American Arbitratio~ociation ("AAA") shall apply.

The arbitration shall be conducied wi.!!b~tten opinion and sufficient
fin_di?g of facts from the ~bi~tors s ~ pe~it an app7al, which
op1ruon shall be final and bmdmg upo~l~JI arties, except either party
may appeal to a court of competent j ·s · · pursuant to the Federal
Arbitration Act. ~~
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Declaration
IO

b. The arbitration shall be submitted to a panel of three arbitrators selected in
accordance with AAA rules. The members of the panel shall be selected
from the Miami Construction Panel if the dispute relates to construction
issues and from the Miami Panel if the dispute relates to issues other than
construction..
c. Each party shall pay for its own attorneys and professionals, but the party
initiating the claim shall pay any filing fees and thereafter the arbitration
fees and panel costs shall be shared equally.
ARTICLE 4.
illE COMMON P'ROPERTIES AND EASEMENTS
4.1. rs Easements. Each Lot Owner, and each Member, Member's Permittee,
n--r ..,.<.1H:vcand licensees shall have a nonexclusive permanent and perpetual easement
over~uPl)n the Common Properties for the intended use and enjoyment thereof
in c with all other sµch Members and their Member's Permittees, guests
and l , in such manner as may be regulated by the Association.
Without 1 ~ the.generality ofthe_foregoing, such rights of use and enjoyment

are herebwsubJect to the followmg:
(a) The ~ dduty of the Association to levy Assessments against each

Lot for ose of maintaining the Common Properties and facilities in
compli with the provisions of this Declaration and with the
restrictions ~ P l at.
C> .
(b) The right o e Declarant to permit such persons, as Declarant shall
designate, to u s ~ Common Properties and all recreational facilities
thereon (if any).~~ .
&)
(c) The right of the A n, by a two-thirds (2/3) affirmative vote of the
entire membership oard of Directors, to dedicate or convey
portions of the Comma r efties to any public or quasi-public agency,
community developmen · similar entity under such terms as the
, Association deems appronr1.ma~ 111 o create or contract with commun_ity
: development and other ~:filJlt' taxing districts for lighting, roads,
recreational services, securit , rtation or communications and other
similar purposes deemed appr·Qj!~~tJby the Association (to which such
dedication or contract·all Lot O 1 be deemed to have consented,
no consent of any other party, t the Declarant, being necessary).
Notwithstanding the foregoing or an · g in this Declaration to the
contrary, so long· as Class B member ists, Declarant shall have the
· exclusive right, but ilot the obligation, t~biil~•rally cause the Association
to undertake any of the actions contem "'='"-,,,....-this Section 4.l(c), or to
change any provision of this Declaration, y Laws or Articles of
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Declaration
11

Incorporation (except where such change would be in violation of any
statute or ordinance).
(d) The use restrictions set forth herein and the right of the Association to
adopt at any time, and from time to time, and to enforce rules and
regulations governing, among other things, the use of the Common
Properties and all facilities at any time situated thereon, including the right
to fine Members as hereinafter provided. Any rule and/or regulation so
adopted by the Association shall apply until rescinded or modified as if
originally set forth at length in this Declaration.
The right of Declarant and the Association to grant permits, licenses and
0 both general ("blanket") and specific easements over, under and through
~ (n\ the Common Properties. Additionally, the Declarant so long as it has any
~ v ownership interest in any portion of The Oaks or so long as the Class B
Ifibership exists, whichever is later, the Association shall each have the
to grant such additional electric, sewer, water, telephone, gas,
ler, irrigation, cable television, maintenance or other easements, and
ocate any existing easement in any portion of The Oaks and to grant
ac~sements and to relocate any .existing access easements in any
po f The Oaks as the Declarant or the Association shall deem
nece ~ desirable, for the proper operation and maintenance of The
Oaks,~rtion thereof, or for the general health or welfare of the Lot
Owners r the purpose of carrying out any provisions of this
Declarall ; provided that such easements or the relocation of existing
easements ~ t prevent or unreasonably interfere with the use of the
Lots for dw~purposes.
(f) The right of De,,.,..."!".~ to add, modify or withdraw certain property from
The Oaks as is o permitted herein.
(g) Without limiting --~_,,.... :,--r-<e rights of Declarant hereunder, the right of
0
Declarant from time ti enter upon the Common Properties during

periods of constructio ~~ °'1djacent properties for the purpose of
construction of any facil~larant elects to build. ·
( (h) The right of~~ Associatio~~uct such activities as may :be required
by the Association. . @ .
(i) The right of Declarant to u t i l i z ~ o n Properties for marketing,
sales and other activities as more~ul~ly set forth in Section 4.7 and
Section 14.4 herein and to grant s u ~ e r easements as Declarant
deems necessary. ~9'_ .
WITH RESPECT TO THE USE OF THE CO~ROPERTIES AND THE
OAKS GENERALLY, ALL PERSONS ARE REFERRED TICLE 13, SECTIONS
13.11, 13.12, 13.13, 13.14, 13.15, 13.16, 13.17, 13.i8, 13.19 a ~~ ·
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Declaration
12

4.2. Easements Appurtenant. The easements provided in Section 4.1 shall be
appurtenant to and shall pass with the title to each Lot, but shall not be deemed to
grant or convey any ownership interest in the Common Properties subject thereto.
4.3. Common Properties Maintenance. The Association shall at all times maintain in
good repair and manage, operate and insure, and shall replace as often as
necessary, the Common Properties and, to the extent not otherwise provided for,
.the paving, drainage structures, surface water management systems, conservation
ements and areas, littoral zones, landscaping, irrigation, street lighting fixtures ·
appurtenances, entrance features, roads, gatehouses and gates, wing walls,
inum or other type of fencing, improvements and other structures and
r'a'ements (except public utilities to the extent maintained by the applicable
y provider) situated on the Common Properties, if any, as ordered by the
--·-.\ of Directors and any and all costs relating to the discharge of the
i tions hereunder. Without limiting the generality of the foregoing, the
Assoc~fi>shall assume all of Declarant's and its affiliates' responsibility to the
Co~~Y kind with respect to the Common Properties and shall indei:nmfy
and li~~ Declarant and its affiliates harmless with respect thereto.
Associat~·1, if designated by Declarant in writing (or by Association after

Class B ship ceases), maintain vegetation, landscaping, sprinkler system,
community 1cation features and/or other additional areas or elements
designated b ,...,,.,.,.,-uu,t (or by Association after Class B membership ceases)
upon areas whtc within or outside of The Oaks. Such areas may abut, or be
proximate to, Oaks, and may be owned by, or dedicated to, others including,
but not limited to,~ty, governmental or quasi-governmental entity. These
areas may include ~ample and not limitation) swale areas, landscape buffer
areas, berm areas or mi!d . . areas within the right-of-way of public streets, roads,
drainage areas, comm · · ntification or entrance features, community signage
or other identification ~eas within canal rights-of-ways or other abutting
waterways. ~ . ·
The Association shall main · m tt_gral zone planting surrounding or located
within any Lakes (as defined i ~~ir7.22 hereat) on The Oaks (whether or not
same are located within the Co~?l~erties), planted in accordance with the
requirements of the County and s · r and shall replace (if necessary) and
maintain same, all in accordance e · requirements of any county, state,
federal or municipal agency with juris · · over The Oaks.
No Lot Owner may escape liability ~ssments by non-use (whether

voluntary or involuntary) of the Commo~rties, abandonment of the right to
use the Common Properties, waiver of its ri~use the same, or for any other
reason. ~~
Lot Owners shall be responsible for the maint~d irri~ation of all Lake
Maintenance Easement Areas as more particul cribed in Section 4.10
hereof. ~~
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Declaration
13

4.4. Expenses, All work done by or through the Association pursuant to this
Declaration, the Articles, or the By Laws, including, but not limited to, Section
4.3 above, and all costs and expenses incurred by the Association pursuant to this
Declaration, the aforementioned documents or otherwise or in connection
therewith shall be paid for by the Association through Assessments imposed in
accordance herewith. A Lot Owner shall remain responsible for Assessments
regardless of such Lot Owner's voluntary or involuntary nonuse of the Common
Properties, abandonment of the right to use the Common Properties, waiver of its
· ht to use the same, or for any other reason.
it Easements Communit · S stems Common Pro erties and Lots/Homes.

e uAe of the Common Properties and Lots for utilities and Community Systems,
ill'. as the use of the other utility easements as shown on any Plat or recorded
~ n t , shall be in accordance with the applicable provisions of this
~aration and any Plat or recorded easement. The Declarant and its affiliates
and~"ts d(}heir designees shall have a perpetual easement over, upon and under
the on Properties and each Lot for the installation, operation, repair,
repla alteration, expansion and maintenance of utilities and Community
System mcluding, without limitation, Telecommunications Services as provided
in Sectio~and 4.17 below) and other· communication lines, equipment and
materials er similar underground television, radio and security cables for
service to t €~and other portions of The Oaks. In the event that any utility
lines, equip~~es, pipes, conduits, meters or fix1'Jres ("Utilities") or
Community Sy are now or hereafter installed on or under a Home or
underground on Lot, then a nrinexclus~ve easement therefor, and for the initial
installation (if a p ~), maintenance, repair and replacement thereof, shall
exist in favor of ~ever of the applicable governmental authority, utility
company, Telecommunic · s Provider, the Declarant or the Association has the
responsibility for the int n, maintenance, repair, replacement and movement
of the Utilities or Co .......,,,p~"t,J\ Systems. -The Lot Owner(s) and the Members'
Permittees of such Lot O e shall not do anything in, on or about the Lot or
Home which interfei:es with\lHt~reration of any Utilities or Community Systems
on, un~ r or through such L t..,.,~~---1¥Y or the installation, maintenance, repair,
replacement and movement lltElil!eJ.>f. 1 Any user of the easement herein created
shall, promptly after the comple (p'°~ applicable work thereon, restore the
Lot and/or Home to the conditio~ h"\::bit existed immediately prior to the
commencementofsuchuse. Y°~~ .
4.6. Drainage Easements. Easements are ver each Lot and the Common
Properties in order to permit drainag -off from one Lot (and its
improvements) to another -or to the Co on Properties or from the Common ·
Properties to any Lot or Lots. Additionally, <V"nAtd\.P.xclusive easement shall exist
in favor of Declarant, Association, and their ~~l:>'.l~es, and any applicable water
management district, state agency, county age or federal agency having
. jurisdiction over The Oaks, across and upon The -~,,..,,r drainage, irrigation and
water management purposes. All easement o · s , egress and access shall
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Declaration
~
14

exist for such parties to enter upon and over any portion of The Oaks (including
Parcels and Homes) in order to construct, maintain, inspect, record data -on,
monitor, test, or repair, as necessary, any water management areas, irrigation
· systems and facilities thereon and appurtenances thereto.
4.7. Ownership of Common Properties. The Common Properties are hereby dedicated
nonexclusively to the joint and several use, in common, of the Declarant and the
Lot Owners of all Lots that may from time to time constitute part of The Oaks and
l Member's Permittees and the Declarant's tenants, guests and invitees, .all as
vided and regulated herein _or otherwise by the .Association. The Common
perties (to the extent not located within any Lot or not already owned by the
s05ation) shall, upon the later of completion of the improvements thereon or
· ·n ninety (90) days following the date when the last Lot within The Oaks has
9;fffRonveyed to a purchaser (or at any time and from tirn:e to time sooner at the
~ imd absolute election of the Declarant), be conveyed by quit claim deed to
the § s ration, which shall automatically be deemed to have accepted such
con . THE ASSOCIATION SHALL ACCEPT THE COMMON
PRO S "WHERE IS, AS IS" UPON THE CONVEYANCE OF THE
COM PROPERTIES WITIIOUT ANY REPRESENTATION OR
W .--.....--....~-............- EXPRESS OR IMPLIED, IN FACT OR BY LAW, WITH
RESPEC iA:,..,,..~TO, OR WITH RESPECT TO THE IMPROVEMENTS AND
REPAIRS OMPLETED AFTER THE CONVEYANCE, INCLUDING,
WITHOUT ON, REPRESENTATIONS OR WARRANTIES OF
MERCHANTA Y OR FITNESS FOR THE ORDINARY OR ANY
PARTICULAR = S E , .AND WITHOUT ANY REPRESENTATIONS OR
WARRANTIES ING FUTURE REPAIRS OR REGARDING THE
CONDITION, CO UCTION, ACCURACY, COMPLETENESS, DESIGN;
ADEQUACY OF T H ! i OR CAPACITY IN RELATION TO THE
UTILIZATION, DAT O COMPLETION OR THE FUTURE ECONOMIC
PERFORMANCE OR IONS OF, OR THE MATERIALS WHICH HAS
BEEN OR WILL BE US UCH PROPERTY OR REPAIRS, EXCEPT AS
SET EORTH HEREIN. U h conveyance of the Common Properties, the
Association releases Declar ~ claims and warrants that no claim shall
be made by the Association ~ 96i;;.. to the condition, or completeness of the
Common Properties or for incid ,.,,,.•.,,,..11,nsequential damages arising therefrom.
The Association- shall be resp si or the maintenance, insurance and
administration of such Common PrturE:rttc:s. (whether or not then conveyed to the
Association), all of which is to be nPl'r,tllif-imed in a continuous and satisfactory
manner without cost to the general taxp e County. It is intended that all
real estate taxes assessed against that pou.,..,. ......,,.. ihe Common Properties owned or
to be owned by the Association shall be (or have been, because the purchase
prices of the Lots and Homes have already ~ o account their rights in and
to the Common Properties) proportionately against and payable as part
of the taxes of the applicable Lots within The @ However~ in the event that,
notwithstanding the foregoing, any such taxes ~ s s e d directly against the
Common Properties, the Association shall be r e ~ for the payment of same
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Declaration
15

(subject to protest or appeal before or after payment), including taxes on any
improvements and any personal property located thereon, which taxes accrue
from and after the date this Declaration is recorded, and such taxes shall be
prorated between Declarant and the Association as of the date of such recordation.
Declarant and its affiliates shall have the right, but not the obligation, from time to
time to enter upon the Common Properties, Lots and other portions of The Oaks
for the purpose of the . installation, construction, reconstruction, repair,
maintenance, replacement, operation, expansion and/or alteration of any
provements or facilities on the Common Properties that Declarant and its
iates elect to effect, and to use the Common Properties, including but not
ited to any community building, and other portions of The Oaks for sales,
l~s and signs or for any other purpose during the period of construction.and
oi any portion of The Oaks. Without limiting the generality of the foregoing,
clarant and its affiliates shall have the specific right (but not the obligation)
t ntain upon· any portion of The Oaks, sales, administrative, construction
and/or_ytJ:Jer offices without charge, and appropri~te ease~ents of ac_cess and u~e
are ~m~ reserved unto the Declarant and its affihates, and its and their
succe~yassigns, employees and contractors, for this purpose. .
Without ~ ·- the generality of the foregoing, should the Declarant elect to

contruct a unity building, clubhouse or other Membership Amenities, same
may be uti ~ the Declarant for property sales, administration, property
management,~y resale business, construction and/or related real estate
activities. No · · this Section 4.7 or this Declaration shall obligate Declarant
to construct su a community building, clubhouse or other Membership
Amenities, to u t i l i ~ for any of the foregoing purposes, or to restrict the use
of same. The rig~nferred in this paragraph will continue after Class B
membership ceases in ~mociation, and after the Declarant has resigned from
the Board of Directors, ~~is consistent with Section 14.4 herein.
4.8. Community Systems. D ~ h a l l have the right, but not the obligation, to
charge user fees for the use Community Systems and to convey, transfer,
sell or assign all or any po b Community Systems located within The
Oaks, or all or any portion of !fJ.ig}tts, duties or obligations with respect thereto
to the Association or any other }iers~ ntity (including any Lot Owner, as to
any portion of a Community Sy .m ed on their Lot or Lots). Without
limiting the generality here<>f, if an any of the aforesaid entities receives
such a conveyance, sale, transfer or (c3t5s:tg1l, such entity shall automatically be
deemed vested with such rights of De · regard thereto as are assigned
by Declarant in connection therewith; p v , owever, that if the Association
is the applicable entity, then any Comm · ,y Systems or portions thereof shall be
deemed Commori Properties hereunder and ssociation's rights, duties and
obligations with respect thereto shall be th.... ~~:,~as those applicable to other
Common Properties unless otherwise provided clarant. Any conveyance,
transfer, sale or assignment made by Declarant p~-,.,.to this Section (i) may be
made with or without consideration, (ii) shall n ~ the consent or approval
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~
16

.. ....... _ .... · ·•-·- - - -
of the Association or any Lot Owner, and (iii) if made to the Association, shall be
deemed to have been automatically accepted (with all rights, duties, obligations
and . liabilities with respect thereto being deemed to have been automatically
assumed). Further, Declarant shall have the right to receive compensation from
the provider(s) of Community Systems ("Community Systems Provider") or
public or private utilities for pennitting same to be located in and used at The
Oaks, including, but not limited to, by the Lot Owners, and such compensation
hall be continued to be paid to Declarant by such provider subsequent to any
sfer to the Association, Class B Membership ceases, the sale of all the Lots, or
y other event.
re~gnition of the intend~~ increased effectiveness and potentially decreased

1 lation and maintenance costs and user fees arising from the connection of all
~~ The Oaks to the applicable Community ·Systems, each Lot Owner and
(in
conne
~w~·
~ t of a Lot shall be deemed to have consented to and ratified any and all
agreem~o which the Association or Declarant is a party which is based upon
pricing structure or otherwise) a requirement that all Lots be so
The foregoing shall not, however, prohibit the Association or
Comm ·ty S stems Provider from making exceptions to any such 100% use
s reasonable discretion.
4.9.
(a) ==~~~~ert~i~e~s.. e:re is hereby declared an easement in favor of
each Lo for any portion of . the improvements on the Lot or any
Community~ which extend into Common Properties in a manner
which does nreasonably interfere with the use and maintenanc~
thereof. Addi aaln , the Declarant (while Class B membership exists) or
the Board of Di on behalf of the Association may grant additional
easements f~r i ents ·extending from Lots or Community Systems
into Common Pro o an extent which, in the opinion of the Board of
Directors, is beyon-..... ~..., cope of the foregoing sentence; providing,
however, that any s h ments may be conditioned upon the Lot
Owner of the Lot agre ¢~ lrldemnify the Association for any loss or
damage arising from t h e ¥ ~ f the improvements on the Common
Properties. ; ~'v
Adjacent Lots. There is hereY~ ed an easement in favor of each Lot

for any portion of the improv·em~B-Q•n the Lot which encroach onto an
adjacent Lot where such encroac ""~ ...r-·-aterial as determined by the
Declarant in its sole discretion w Class B membership exists, and as
determined by the Association in ~ l e discretion when Class B
membership ceases. ~~
4.10. Lake Maintenance Area .and Lake Access Tra ment. Lake Maintenance
Area Easements and Lake Access Tract Easement.vu~u.,edicated and reserved in
favor of the Association and the Declarant ov ~}!!on of certain Lots ·as
ftl-■rv01\MCCAWLEYD\341302vl6\wd9ml6_.00C\7115/04\\4449.020600 ~
Declaration
17

shown on the Plat and are for use of and access to the platted lake tracts for lake
maintenance purposes. Each Lot Owner whose Lot lies along or adjacent to a
Lake Maintenance Area or Lake Access Tract as shown on the Plat shall be
responsible for the maintenance and upkeep, including but not limited to, the
sodding, irrigation, and mowing ofthe Lake Maintenance Area or Lake Access
Tract. This maintenance and upkeep is also extended to include the green space
between the edge of the Lake Maintenance Easement and the water's edge.
ecial Easements For Certain Homes.
Party Walls. Each wall and fence, if any, built as part of the original
construction of the Homes or Lots and placed on the dividing line between
O two Lots and acting as a commonly shared wall or fence shall constitute a
~(()\_Party wall ("Party Wall 11), and each Lot Owner shall own that portion of
~ vthe wall and fence which stands on their own Lot, with a cross-easement
~@pport in the other portion of the Party Wall. If a wall or fence
~ ating two (2) Homes or Lots, and extensions of such wall or fence,
lie entirely within the boundaries of one Lot, such wall or fence,
ther with its extensions, shall also be a Party Wall and the Lot Owner
of~djacent Lot shall have a perpetual easement to maintain the
en~ent.
Ease W e reserved in favor in all Lots over all other Lots and the
Commo.,,,....-u.-~,...---rties for overhangs or other encroachments resulting from
original struction and reconstruction.
Anything t ~ontrary herein notwithstanding, where adjacent Homes

share only ~ n of a wall (e.g., where a one-story Home abuts a two-
story Home), on portion of the wall.actually shared by both Homes
shall be deeme '-<t::l~~ Wall. That portion of the wall lying above the
one-story Home exclusively as a wall for the second floor of the
abutting two-story ... ~J.H";l~•,all not be deemed a· Party Wall, but shall be
maintained and .repru. d >-n1-,....,ively by the Lot Owner of the two-story
Home even if lying in ~~Pin part on the abutting Lot on which the
one-story Home is conslijlctyt~over the roof and other portions of
such abuttiqg one-story H . ement shall exist to permit the upper
portion of the wall of the -@Home.to be maintained and repair<:d
by the Lot Owners of the n which such two-story Home ts
constructed. · · rn-!.) ·
The costs of reasonable repair an~tenance of a Party Wall shall be
shared equally by the Lot Owners who use of the Party Wall.
If a Party Wall is destroyed or damage ,.,J_,.~....... r other casualty, any Lot

Owner who has used the wall may resto s ut shall not construct or
extend same to any greater dimension fJ.lt~QC.isting prior to such fire
or other casualty, without the prior wn t of the adjacent Lot
ftl-m,Oi \MCCAWl.EYD'll-41 l02vi6\wd9m 16_.D0<.'.7/1 S/04\14«9.020600
Declaration
18
·r

Owner. The extension of a Party Wall· used by only a two-story Home
abutting a one-story Home shall be promptly and diligently repaired
and/or replaced by the Lot Owner of the two-story Home at their sole cost
and expense, even if lying in whole or in part on the abutting Lot. No part
of any addition to the dimensions of a Party Wall or of any extension
thereof originally built that may be made by any of said Lot Owners, or by
those claiming under any of them, respectively, shall be placed upon the
Lot of the other Lot Owner, without the written consent of the latter first
obtained, except in the case of the aforesaid wall of a two-story Home. If
the other Lot Owner thereafter makes use of the Party Wall, he shall
contribute to the cost of restoration thereof in proportion to such use,
without prejudice, however, to the right of any such Lot Owner to call for
0
a larger contribution from the other under any rule of law regarding
~ liability for negligent or willful acts or omissions.
Jl) tile event of the failure of a Lot Owner to maintain, repair or replace a
y::;"fi Wall in accordance with the standards set by ACC or otherwise
this Declaration, the Association shall have an easement over, upon
through a portion of such Lot (as reasonably necessary to perform the
ce, repairs or replacement), and the ,Association shall be entitled
t such work and charge such Lot Owner in accordance with
t ~ d 6.6 herein.
Notwi · g any other provision of this Section, should any Lot
Owner, their negligent or willful act, causes that part of the Party Wall
not previou~osed to be exposed to the elements or otherwise causes
the Party ~ other Home to be damaged, such Lot Owner shall bear
the whole cos¼furnishing the necessary protection against such
elements and an~~ damage.
The .right of any t ~ er to contribution from any other Lot Owner

under this Article s appurtenant to the land and shall pass to such
Lot Owner's success s · e. Upon a conveyance or other transfer of
title, the liability ~ere ~ prior Lot Owner shall cease. ·
In the event of any dispu ·s onceming a Party Wall, or under the

provisions of this Article, e~,;.":::imrty shall choose one arbitrator, and such
arbitrators shall choose one .,..,....,.,-nal arbitrator, and the decision of a
majority of all the arbitrators ..,--.._,_,fi al and conclusive of the question
a
involv~. If panel cannot bed ~ pursuant heret~, the matt~r s~all
be arbitrated pursuant to the es of the Amencan Arb1trat1on
Association, or its successors jn fun:~ then obtaining. Any decision
made pursuant to this Section shall ~~lusive and may be entered in
any court of competent jurisdiction ~ordance with the Florida
Arbitration Code. ~/;.
ftl-sNOI\MCCAWLEYD\34ll02vl6\wd9ml6_.DOC\7/1"'°4\l ◄ 4-49.020600 ~
Declaration
19

. . . . . ··-·-·····-•· ··· · · · · ~ - -
(b) Zero Lot tine. When any Lot (the "Servient Lot") abuts another Lot (the
"Dominant Lot") on which the exterior wall of a Home has been or can be
constructed against or immediately contiguous to the interior property
(perimeter) dividing line (the "Zero Lot Line") shared by the Dominant
Lot and the Servient Lot, then the Lot Owner of the Dominant Lot shall
have an easement over the Servient Lot, which easement shall be five (5')
feet in width contiguous to the interior property dividing line (which is the
Zero Lot Line) running from the front of the rear property line of the
Servient Lot for the following purposes:
(1) For installation, maintenance, repair, replacement and the

provision of utility services, equipment and fixtures to serve the
0
Dominant Lot, including but not limited to, electricity, telephones,
sewer, water, swimming pool, fence, screen enclosure, landscape
material, lighting, irrigation, drainage and Community Systems.
0
Of support in and to all structural members, footings and
foundations of the Home or other improvements which are
necessary for support of the Home or other improvements on the
minant Lot. Nothing in this Declaration shall be construed to
uire the Owner of the Servient Lot to erect, or permit the
· of, additional columns bearing walls or other structures
Lot for the support of the Dominant Lot.
(3) hanging troughs or gutters, down-spouts and the discharge

there~of rainwater and the subsequent flow thereof over the
ease~ea and the Common Properties.
A Lot Owner ervient Lot shall do nothing on their Lot which

interferes with ·rs the use of this easement, including, without
limitation, constru fn mprovements which would interfere with such
use; 'however, the .,_,v,V'-..l"""uer of a Servient Lot shall be permitted to
construct a fence wi n asement provided the portion of the ·fence
within the easement ~~(gate access for the Lot Owner of the
Dominant Lot. No Lot ~ ~ y c u t a window or any opening in a wall
lying on a Zero Lot Line, any Lot Owner make any structural
changes in such a wall inclu · , ut not limited to, change of paint color,
without the express written c of the ACC, Declarant or otherwise
under this Declaration. If a ze · e · all is damaged by the owner of
an adjacent Home, the Lot O e the adjacent Home shall be
responsible for repairing such age in a timely manner and in
accordance with the standards establis~ the ACC. In the absence of
specific standards, the repair shall be· co plished as soon as reasonably
possible, and at the sole expense of the. i j r causing the damage. In
the event that a Lot Owner shall fail to m epairs as required herein, ·
or if the Association has the reasonable bel · such repairs will not be
made in a timely manner, then the As ~A31l have the right at
tl~sr,<JllldCCAWUlYD\l•l302vl61wd9ml6_.00C\7/15Al4\144~9.020600 ~
Declaration
20

reasonable times to enter the adjacent Home to effect such repair, and the
cost thereof shall be charged to the adjacent Lot Owner as an Assessment
against that individual Lot Owner. If there is any question about whether
a Home is a zero lot line residence, or which portion of a Home lies on a
lot line, the Association's determination shall be final.
If any other building or improvement shall encroach upon any portion of

the Common Areas or a Lot or upon an easement by reason of original
construction or by the non-purposeful or non-negligent act ofDeclarant or
any other owner of such building or improvement, then an easement for
such encroachment shall exist so long as the encroachment exists.
bershi Amenities. · Declarant reserves the right to construct additional

·anal facilities, including, but not limited to, a club house, swimming pools,
all courts and/or cabanas (the "Membership Amenities") in The Oaks on
DJ1It of the Common Properties; however, Declarant shall have no
obli construct any Membership Amenities. The Membership Amenities
may vate club (which may open only to members that pay a Special Use
Fee being constructed on the Common Properties . The Membership
Amenities be located on Common Properties but shall not be deemed
Common ·es (unless designated as so by Declarant) and although
maintained Association, it shall be at the sole cost and expense of its
Members unl s · ated as Co,l1llllon Properties by Declarant.
4.12.1. Assessm ts and Reservation to Charge Use Fee. The Membership

Amenities ~ fulfillment of the Association's underlying obligations
shall be ma d, in part or in full, through Assessments and/or Special
Use Fees to e levied by the Association. Such Assessments and/or
Special Use Fee ve the same effect, and the Association shall have
the same right 01'-ei~~ment, as those other Assessments levied pursuant
to Article 5 below Assessments and/or Special Use Fees shall be
solely for the Memu~..,...,,..,.. Amenities and shall be in addition to other
Assessments.
~ho .
4.13. Outside Members. Whether b e i l C l a s s B membership exists, as long as
the Declarant, its nominees or i 1 own property within The Oaks, the
Declarant may elect to allow pers o are not Lot Owners or :Member's or
Member's Permittees ("Outside M ") to use the recreational facilities
located on the Common Properties or tll!::!~g;_ub rship Amenities (if any) on such
terms and conditions as the Declarant · es in it~ discretion, including
without limitation, charging such Outside mbers for the use of the recreational
facilities located on the Common Properti~ the Membership Amenities.
Notwithstanding anything herein to the contr~~ Outside Members are hereby
reserved an easement of ingress and egress ove~and through the Common
Properties for access to and use of the recr · facilities located on the
Common Properties or the Membership Amenities licable).
ftl-llv01\MCCAWLEYD'J41)0lvl6\wd9nil6_.DOC\7/1$/04\14449.020600 . . ~
Declaration
21

4.14. Neighborhoods. It is intended that different types of Neighborhoods may be
constructed. A Neighborhood may be provided with certain services,
improvements and amenities that are exclusive to each Neighborhood in addition
to services, improvements or amenities provided to The Oaks as a whole. The
provisions shall not obligate Declarant to construct the foregoing Neighborhoods
as provided above, nor to provide any certain nwnber of Neighborhoods. The
location of and services provided to each Neighborhood ,shall be in the sole
discretion of the Declarant and after Class B Membership ceases, the Association.
ach Neighborhood shall be subject to and shall pay Neighborhood Assessments
rovided in Article 5, below.
unt Ri t of Declarant. Notwithstanding anything to the. contrary herein,

Class B membership exists, Declarant shall have the paramount right to
~~e, transfer, and/or convey (by absolute conveyance, easement, or
~ s e ) portions of The Oaks for various· public purposes or for the provision
of ~ o uhity Systems including, without limitation, Telecommunications
Sys , to make any portions of The Oaks part of the Common Properties, or
to er implement a special taxing district which may include all or any
portio The Oaks. In addition, the Common Properties of The Oaks may
include~ve improvements, berms, waterfalls, and waterbodies. SALE
BROC SITE PLANS, AND MARKETING MATERIALS ARE
CURREN ~EPTUAL REPRESENTATIONS AS TO WHAT
FACILITIES, Y, WILL BE INCLUDED WITHIN THE COMMON
PROPERTIES ARANT SPECIFICALLY RESERVES THE RIGHT TO
CHANGE TH OUNDARIES, LAYOUT, COMPOSITION, AND DESIGN
OF ANY AND A~MMON PROPERTIES WITHOUT NOTICE AT IT'S
SOLE DISCRETI~
4.16. Public Facilities. The ~ a y or may not include one or more facilities which
may be open and avail~..ifu e use of the general public. By way of example
(but without creating an o i n to procure, construct or staff the same), there
may be a public park, fir · , police station, or other facility within the .
boundaries of The Oaks.
4.17. Ri ht to Contract for Communi.,_,.,_,..,,,.,=...., Association shall have the right, but
not the obligation, to enter into o contracts for the provision of one or
more Community Systems for all o. . . -----art
of The Oaks. Prior to the expiration
of Class B Membership, all contrac een a Community Systems Provider
including, without limitation, a Tele · tions Provider and Association
shall be subject to the prior written app @ eclarant. Declarant and/or its
nominees, successors, assigns, affiliate and licensees may contract with
Association and act as a Community S y ~ Provider for one or more
Community Systems, subject only to the r~~ents of all applicable laws,
statutes, and regulations. In addition, Declarant;ivethe right to receive, on
a perpetual basis, all or a portion of access fees he revenues derived from
such Community Systems within The Oaks as a , time to time, between
l\l-.,.Ol\MCCAWU!YD\l41l02vl6\w69m16_..:ioa111"°4\14449.020600 ~ _
Declaration
22
·. · .. ,.. ...•_..

......,...... ,.______ , .... ·-·----
the Community Systems Provider and Declarant, provided, however, that no such
fees may be imposed on a Community Systems Provider except as provided in
any written agreement between such Community Systems Provider and Declarant
and/or Association.
4.18. Restoration. Upon the completion of any installation, upgrade, maintenance,

repair, or removal of the Community Systems or any part thereof, each
Community Systems Provider shall restore the relevant portion of the Common
operties and/or any Lot to as good a condition as that which existed prior to
installation, maintenance, repair or removal. Failure by Community Systems
vider to commence such restoration within twenty (20) days after receiving
·tt~ notice from Association of such failure or the Community Systems
ioer's failure to complete such restoration within ninety (90) days of
~ncement shall vest in Association the right (but not the obligation) to
~fe or cause to be restored such portion of the Common Properties, Lot and/or
Home ~turbed by such work, all at such Community Systems Provider's sole
cost~~;;nse, except for an emergency situations whereby Association may
restor e to be restored such disturbed portion of the Common Properties,
Lot an Home immediately. In the event that Association exercises the right of
self-help,~ommunity Systems Provider agrees in advance that Association
shall have le right to (i) select the contractors to perform such work and
(ii) determi ~ t e n t of required restoration. This remedy of self-help is in
addition to a l ~ e d i e s of Association hereunder. All reasonable expenses
incurred by As on in connection with such restoration shall be paid by
Community Sy ms Provider within twenty (20) days of completion of
restoration and deli~ Community Systems Provider of Association's invoice
therefor. Any expe~ot so paid when due shall bear interest from the due date
at the lesser of (I) the~icly announced prime rate (or similar successor
reference rate) as publis d · the Wall Street Journal on the date of such invoice,
or (ii) the maximum rate · est allowed by the law of the State of Florida for
such obligations, or as m ~ovided in an agreement between Community
Systems Provider and Assoc·
AR ~JJ>f. .
COVENANT FOWA~MENT~
5.1. Creation of the Lien and Person~ion of '.the Assessments. Each Lot
Owner covenants and agrees to pay ssociation the charges and expenses
for the operation of the Association c:nai~tt::-t roperty or services or the like
serving or benefiting The Oaks, and for enance, management, operation,
staffing, repair, replacement and insuran of the Common Properties and the
Association as provided elsewhere herein, i~ng, but not limited to, such
reasonable reserves as the Association ma~_§m necessary, assessments for
maintenance, security ·(if any), monitoring~(if any), data/i~temet
transmission (if any), natural gas lines, bulk ca or satellite television or
communications charges or charges for other Systems and all other
ftl-m-01\MCCAWLEYD\34130lvl6\wd9ml6_DOC\7/IS/04\14449 020600 ~
Declaration
23

charges and assessments herein referred to or lawfully imposed by the
Association shall be referred to herein as regular annual assessments. Except as
provided herein with respect to Lots owned by the Declarant as provided in
Section 5.11 below, all regular annual assessments imposed by the Association
shall be imposed against all Lots equally. The foregoing sentence shall not be
amended without the prior written consent of any Lot Owner adversely affected
by such amendment. In addition, special assessments may be levied as set forth in
ection 5.5. Furthermore, capital improvement assessments may be levied as are
cessary for the addition of capital improvements as set forth in Section 5.6 and
· borhood assessments may be levied against Lot Owners in a particular
ighborhood as set forth in Section 5.7. All such Assessments are to be fixed,
b~hed and collected from time to time herein provided. as
5.2. e of Re ular Annual Assessments. The regular annual assessments levied
Association shall·be used exclusively for the purposes expressed in Section
5.1. ~~,Qncluding, without limitati(?n, for any and all costs associated with
m~i?:.·fj, operating, repairing, altering, landscaping and improving any
struc , k, tennis court, basketball court or other recreational facilities and/or
gateho s I cated on the Common Properties, any costs and/or expenses for
staffing ch gatehouses or recreational facility (without creating any
obligation ff same}, any and all costs attributable to the provision of street
lighting, at n,.;;.A.u.,..,retion of the Declarant (or after the sale by Declarant of the
last Lot, then e a r d of Directors} and all costs and expenses· related to the
ownership and · enance of the Common Properties and operation of the
Association and 1 ~ ~ - ·
5.3. Lien. All Assess~ together with interest thereon and costs of collection
thereof as are hereinafte vided, shall be a charge on the land and shall be a
continuing lien upon th o r Lots against which each such Assessment is made.
Each Assessment, toge such interest thereon and costs of collection
thereof as are hereinafter nr,\vu: Pd, shall also be the personal obligation .of the
1 1
ch property at the time when the Assessment

.....--::~"
1
fell due and all subsequent o ~ until paid, subject to the subordination
provision set forth in Section . ow. Reference herein to Assessments shall
•be understood to include referen [(~ d all of said charges whether or not
specifically mentioned. ~'v
5.4. Payment of Regular Annual Assessme~e Dates.
(a} The regular annual assessments ~ f o r in this Article are imposed

for the year beginning January {-~»;;ding December 31, or a portion
st
thereof during the first (1 } year of~ion of the Association. The
regular annual assessments shall b ble in advance, in monthly
installments, or in annual, semi-annu r uarterly installments if so
determined by the Board of Directors hich determination they
shall be quarterly, such payments com· · the first (1 st) day of the
st
first (1 ) month of each quarter}. The rejt.mi.i'.:.it,,. ..,,al assessment amount
Jll.sml IIMCCJ\WLEYD\J4 J30lv 16\wd9ol I6_.000.7/l~\14449.020600
Declaration
24

(and applicable installments) may be changed at any time by said Board
from that originally stipulated or from any other regular annual assessment
that is in the future adopted. The original regular annual assessment for
any year shall be levied for the calendar year (to be reconsidered and
amended, if necessary, every six (6) months), but the amount of any
revised regular annual assessment to be levied during any period shorter
than a full calendar year shall be in proportion to the nwnber of months (or
other appropriate installments) remaining in such calendar year.
The due date of any special assessment, capital improvement assessment

or neighborhood assessment shall be· fixed in the Board of Directors
resolution authorizing such Assessment.
0
. 5.5. Assessments. The Association (through the Board of Directors) shall
e right to levy special assessments against a Lot Owner(s) as follows:
0 .
(a) ecific S ecial Assessments: A specific special assessment may be
against a Lot Owner or group of Lot Owners to the exclusion of
er Lot Owners for: (i) the repair or replacement of .damage to any
porti of the Common Properties (including, without limitation,
ents and landscaping thereon) caused by the misuse, negligence
,"th1>...-m-t,· on or inaction of a Lot Owner or such Lot Owner's Members'
· or (ii) the costs of work performed by the Association in
affl"'~'tn'th Article 4 and/or Article 6 of this Declaration. Any such
specific ecial assessment shall be subject· to all of the applicable

provisions ~ Article including, without limitation, lien filing and
foreclosure ~ures and late charges and interest. ·
(b) General S cial e ments: A general special assessment may be levied·

against all Lot ~ obtain funds which are not otherwise provided
for in the operating~~t. ·
Any special assessment levie er shall be due within the time specified by
the Association in the action i l such assessment.
5.6. Ca ital Im rovement Assessmen hich, in the aggregate, exceed twenty

percent (20%) of the total amo the current operating budget of the
, Association in any one fiscal year, necessary for the addition of capital
improvements (as distinguished from ~~l!and maintenance, and regardless of
whether as a result of wear and tear ori w.fs1i)af1'),) loss) relating to the Common
Properties and which have not previous en collected as reserves or are not
otherwise available to the Association (other by borrowing), shall be levied
by the Association as general special ass m ts only upon approval of a
majority of the_ Board of Directors and up roval by two-thirds (2/3)
favorabl~ vote of the Members of the Associatio v at a meeting or by ballot
as may be provided in the By Laws of the Asso · . Notwithstanding the
foregoing or anything to the contrary in this · , so long as Class B
ft~m-OI\MCCAWLEYD\l41302vl6\wd9m16_.DOC\7/IS/04\14449.020600
Declaration
25

membership :exists and Declarant is still a mem~r of the Board of Directors, .
Declarant may cause the Association to levy a capital improvement assessment ·
otherwise in accordance with this Section 5.6.
5.7. Neighborhood Assessments. Without limiting the foregoing, the Association

shall have the exclusive right to levy Assessments against those Lot Owners
located in a Neighborhood for those amenities and services that are exclusively
rovided to such Neighborhood which are in addition to those services and
enities provided generally to The Oaks (e.g., additional landscape
·ntenance, special lighting, entry features, signage and the like) in the same
~.. nner, with the same effect and obligation imposed on such Lot Owners (but not.
Dfflarant or its affiliates), and the same right of enforcement to be held by the
ciation, as those other Assessments otherwise levied as provided in this
= 5. By way of example only, and not limitation, if a group. of Lots are
V'.1..1..UI· . .
rl.<11 1•,.,!l•~nd are served by a private street which does not serve any other portion of
ma~n
~il:fi
The 0 ~ Ole Lot Owners of those Lots may be required by the Association to
pay nts in excess of those paid by other Lot Owners to cover the costs of
uch gate and private street. No Lot Owner shall have the right to
object any additional assessments that the Association may require such Lot
Owner to~uant to this Section 5. 7. Neighborhood assessments will be in
excess of ents paid by other Lot Owners not so served. With~ut limiting
any other p $ o f this Article 5, the Assessments provided herein shall be
lien on .the s · Owner's property and shall be enforceable in the manner
set forth in Secti . hereof.
commencement an amount of the Assessment against each Lot subject to the

Association's jurisdict10n each Assessment period, to the extent practicable, at
least fifteen (15) days i ad ce of such date or period, and shall~ at that time,
prepare a roster of the r-.....Ft.--.inrl Assessments applicable thereto which shall be
kept in the office of the .on and shall be open to inspection by any Lot
Owner. Written notice of ssment shall thereupon be sent to every Lot
Owner subject thereto fifteen ( y prior to payment of the first installment
0
. thereof, except as to special as ~~ts. In the event no such notice. of a change
in the Assessments for a new ~~period is given, the amount payable
shall continue to be the sruµe as th~~'vpayable .for the previous period, until
changeq in the manner provided fo · . Subject to other provisions hereof,
the Association shall furnish to an Owner liable for an Assessment a
certificate in writing signed by an offic sociation, setting forth whether
such Assessment has been paid as to an """' .tt ar Lot. Such certificate shall be
1 061
conclusive evidence of payment of any sessment to the Association therein

stated to have been paid. The Association, ,{l}lrmJ1!
Directors, shall have the power, but not the o~·~....._~, to enter into an agreement
or agreements from time to time with one or m sons, firms or corporations
(including affiliates of the Declarant) for manag rvices. The Association
_,_,.,,,..,.,:~~:::,.:.:i:•rs provided the Artie ~ration and
in By Laws.
Declaration
26

5.9. Effect of Non-Payment of Assessment; the Personal Obligation; the Lien;
Remedies of the Association. If any Assessments (or installments) provided for
herein are not paid when due, then such Assessments (or installments) shall
become past due and delinquent and shall, together with late charges, interest and
the cost of collection thereof as hereinafter provided, thereupon become a
continuing lien on the Lot which shall bind such property in the hands of the .then
Lot Owner, their heirs, personal representatives, successors and assigns. Except
as provided in Section 5.10 below to the contrary, the personal obligation of the
en Lot Owner to pay such Assessment shall pass to their successors in title and
urse may be had against either or both. If any installment of an Assessment is
paid within fifteen (15) days after the due date, at the option of the
SORation, a late charge not greater than the amount of such unpaid installment
oe imposed {provided that only one late charge may be imposed on any one
~'P'l"'1-t. installment and if such installment is not paid thereafter~ it and the late
e shall accrue interest as provided herein but shall not be subject to
additi~ <iate charges, provided further, however, that each other installment
thei!ming due shall be subject to one late charge each as aforesaid), or the
next l 12) months' worth of installments of regular annual assessments, and
all ins ~ ts, eif any, of other Assessments may be accelerated and become
immedia and payable in full and all such sums shall bear interest from the
dates whe . til paid at the highest lawful rate and the Association may bring
an action a ~ainst the Lot Owner(s) personally obligated to pay the same,
may record a~~lien (as evidence of its lien rights as hereinabove provided
for) against any~~~ which the Assessments and late charges are unpaid, may
foreclose the lienreg.t the Lot on which the Assessments and late charges are
unpaid, or may one or more of such remedies at the same time or
successively, an~ meys' and paralegals' fees and costs actually incurred
preparing and filing t h ~ · of lien and the complaint, if any, and prosecuting
same, in such action ( appeals therefrom) shall be added to the amount of
such Assessments, late and interest, and in the event a judgment is
obtained, such judgment · elude all such sums as above provided and
·attorneys' a:hd paralegals' fi-"-"'''"' ly incurred together with the costs of the
action, through ~l applicable att)levels. In the case of an acceleration of
the installments, each installmw.....,.,v- ccelerated shall .be deemed, initially, equal
to the amount of the then most c~.>'°.,.,.,.,.~,ljl~quent installment, provided that if any
such installment s~ accelerated w g~ een greater in amount by reason of a
subsequent increase in the applica~~et, the Lot Owner of the Lot whose
ins~lments were s·o accelerated shall ~~ue to be liable for the balance due by
reason of such increase and special a s s ~ a i n s t such Lot shall be levied
by the Association for such purpose. ion to the rights of collection of
Assessments stated in this Section, any d all rsons acquiring title to or an
interest in a Lot as to which the Assessm 1 delinquent, including without
limitation persons acquiring title by operatio,1:t-4n..-'l~ and by judicial sales, shall
not be entitled to the occupancy of such Lot njoyment of the Common
Properties until such time as all unpaid and ~~!.•1f~~nt Assessments due and
owing from the selling Lot Owner have been ~hovided, however, that
ftl-...Ol\MCCAWLEYD\l41302vl6\wd9ml6_.D<X:17/IS/04114'149.020600 ~
Declaration
27
. ... ·· - . ..-· ..
.. ··-· · .
.

the provisions of this sentence shall not be applicable to the mortgagees and
purchasers contemplated by Section 5.10 below. It shall be the legal duty and
responsibility of the Association to enforce payment of the Assessments
hereunder. Failure of the Association to send or deliver bills shall not, however,
relieve Lot Owners from their obligations hereunder. All Assessments, late
charges, interest, penalties, fines, attorney's fees and other sums provided for
herein shall accrue to the benefit of the Association. Lot Owners shall be
obligated to deliver the documents originally received from the Declarant,
ntaining this and other declarations and documents, to any grantee of such Lot
ho ination of the Lien. The lien of the Assessments provided for in this
shall be subordinate to real property tax liens and to the lien of any first
ge held by a Mortgage Lender recorded prior to recordation by the
ation of a claim of lien and which is now or hereafter placed upon any
prope§Cibject to Assessment; provided, however, that any such Mortgage
Len n in possession or any receiver, and in the event of a foreclosure, any
purcli r a foreclosure sale, and any such Mortgage Lender acquiring a deed in
lieu o eclosure, and all persons claiming by, thrq_ugh or under such purchaser
or Mort~der, shall hold title subject to the liability and lien of any
Assessme ing due after such foreclosure (or conveyance in lieu of
foreclosure J ~ p a i d Assessment which constitutes a lien against any Lot or
Lots, qut whi~1!_ylrdinate to real property tax liens and/or first mortgages by
reason of the p · ns of this Section shall be deemed to be an Assessment
divided equally = n and payable by all Lot Owners whose Lots are subject to
Assessment by the · ·ation, and a lien against all Lots subject to Assessment
by the Association, ding the Lots as to which the foreclosure (or conveyance
in lieu of foreclosure) too ace.
5.11. Effect on Declarant. ,...__~Tn<'tanding any provision of the Declaration to the

contrary contained in thi ation, for as long as Declarant (or any of its
affiliates) is the Lot Owner a t....oin..:i"" ot, Declarant shall have the option, in its sole
discretion, to (a) pay Assess ~ Lots owneq by it in like manner as paid
--,;,--/""n-
by other Lot Owners; (b) pay f~ents only on certain designated Lots (e.g.,
those und~r construction or tho~ ~ g a Home for which a certificate of
occupancy; has been issued), or W
~)my Assessments on Lots owned by
Declarant, ' and in lieu thereof, resulting deficit in the Association's
operating expenses (exclusive of ital costs, capital contributions as
provided in Section 5.12 below, ~~~ d/or contingencies, capital
improvement expenses and assessments tst>eetru expenses and assessments and
neighborhood expenses and assessments) t produced by Assessments receivable
from Lot Owners other than Declarant, Bui}r1.s-~---.J~.. itial Builders (as provided in
Section 5.11.1 below) and any otlier income ~~Jl!a,!ble by the Association. The
deficit to be paid under option 5.1 l(c) above al be the difference between
(i) actual operating expenses of the Association '"""~1,u~e of capital improvement
costs, capital contributions as provided in Se...~,...,._, below, reserves and/or
ftl.amll\MCCAWLEYD\l◄l30lv16\wd9ml6_.DOC\7/IS/04\1◄449.020600 ~
Declaration
28

contingencies) and (ii) the sum of all monies receivable by the Association
(including, without limitation, all Assessments, including but not limited to IBAs
(as defined below) and interest, late charges, fines and incidental income) and any
surplus carried forward from the preceding year(s). Declarant may, in its sole and
absolute discretion, from time to time change the option stated above under which
Declarant is making payments to the Association by written notice to such effect
to the Association. If Declarant at any time elects option 5.ll{b) above,
eclarant shall not be deemed to have necessarily elected option 5.ll(a) or
11 (c) as to the Lots which are not designated under option 5 .11 (b). Regardless
hich of the foregoing options is chosen by Declarant in any particular year,
clarant may, in its sole and absolute discretion at any time prior to the accrual
u~ deficit, estimate the amount of the deficit for such year (the "Projected
cit"). When all Lots within The Oaks are sold and conveyed to Lot Owners
ders, neither the Declarant, nor its affiliates, shall have further liability of
""-''_..,n.J...d to the Association for the payment of Assessments, or any deficits or
con~h1,.
5.1 t~Ms sments A ainst Initial Builder. Each Lot owned by an Initial Builder
the ime that the Covenant was recorded which was May 24, 2001 (the
.........~,•, is subject to payment of a proportionate share of the Projected
._,,.......,,..e "IBA") or on its assessment amount for so long as such IB Lot ·
is 0 ..................-....y such Initial Builder, which such assessment is to be
dete cllows: the Projected Deficit shall be multiplied by a
fraction, erator of which shall be one (1) and the denominator of
which sha ~bee total number of platted Lots in The Oaks at the time
that the IB e respective year becomes due. IBAs are payable on a
quarterly b or on such other basis as determined by the Board of
Directors) to the ociation in the same manner as other Assessments
and are collecti 1 i the same manner as other Assessments, including,
without limitation, ,..._,Iµo>,sociation's right to enforce the payment of IBAs
in the same manne "th the same remedies as any other Assessments
under this Declarati ..-.u,,... ,,- an IB Lot is conveyed such lot shall no
longer be deemed an ......../.1.J.Yl-, ~shall be deemed a Lot fully subject to all
Assessments and oth--..~·r;-J ents as provided in this Declaration. ·
However, so long as an I f er owns an IB Lot, the Initial Builder
, shall not otherwise (other ~J@> A) be responsible for payment of any
portion of the Association's ~~ expenses for such IB Lot, including,
without limitation, any other A~~ents provided for in this Declaration.
5.11.2. Assessments Against Builders. ~thstanding

1 anything contained
herein, the Declarant shall have ~ght
~0 contract with Builders on an
individual or collective basis, to prov.~atuntil such Builder conveys
their Lot, such Builder shall be requir Assessments on such basis
and on such terms as Declarant dete n in its sole and absolute
•-~-•m••-••==~~ Declaration
29
~
5.11.3. Assessments against Founder Members. Each Founder Member, as
described in Section 3.1.1 herein, is subject to an assessment equal to the
then current regular annual assessments payable by a Lot Owner; as
described in Section 5.4(a) herein, and shall be subject to no other
assessments.
5.12. Working Capital Contributions and Working Capital Fund. A capital contribution
shall be paid by the first purchaser of each and every Lot(other than Declarant or
uilders), at the time such Lot Owner acquires its fee interest in the Lot to the
ociation in the amount then established by the Board for such Lot and/or
me, in addition to any Assessment. The capital contribution shall be deposited
th~ Association into a working capital fund which the Association may use to
afly and all expenses which may be incurred by the Association during the
of time that The Oaks is being developed for such purposes as the
ation determines, including, but not limited to, normal operating expenses,
g ufehases for and improvements to the Common..Properties, purchasing
initi ture equipment and supplies, including, without limitation, :furniture
and nt for any clubhouse or other recreational facility that Declarant may
cons The working capital fund may also be used to acquire prop~rty for the
use of th wners or for the Association, to make any deposits required by
utility co,Ilij:~~s, to prepay insurance premiums upon Common Properties or
otherwise rM=-..-f..,rc:-~ in and about the operation of the Association or to pay for
~m;il,t-11,nd maintenance of the Common Properties, or for other
purposes which t The Oaks as determined by the Association in its sole and
absolute discrett . The capital contribution is in addition to the Assessments.
The amount of c~ontributions shall be established and set forth by the
Board and may be ~
and shall be paid, at
Additionally, the Dec
·.
rs
ed by the Board, in its sole discretion from time to time,
e of conveyance of title to the initial Lot Owner.
may prepay, at Declarant's sole option, capital ,.,.
contributions and/or .be ed and capital contributions may be utilized to
reimburse Declarant for hat it may have advanced to fund the operation
of the Association, includin ot limited to, pursuant to this Section 5.12 or
otherwise. 1B Lots shall not e ·ec(io the assessment for capital contribution
as long as owned by Declaran 'tial Builder; however, any 1B Lot which is
conveyed shall immediately bee p i " ~ t to such capital contributions then in
effect (in addition to any other As¥'~'&payable pursuant to thi~ Declaration).
Amounts paid into the working cap¥~ are not to be considered as advance
payments of regular annual assessmen~~y other Assessments.
5.13. Association Funds. The. portion of all ~ t s collected by the Association

for reserves, if any, and the entire a m ~ ; i ' special assessments, not being
used for the purposes collected, shall be h the Association and may be
invested in interest bearing accounts or in ~~~~tes of deposit or other like
instruments or accounts available at banks or s and loan institutions the
deposits of which are insured by an agency of th-~,..,-''!-.,..,!-~ States.
ft~srAJI\MCCA WLEYD\34 IJ02•l 6\wd9m 16_.000.7/l 5/04\l 4449.020600
Declaration
30
&
5.14. Special Use Fees. The Declarant shall have the right to establish from time to
time, specific charges, ticket, service, and/or use fees and charges as well as a
damage and/or cleaning deposit ("Special Use Fees"), for which one or more Lot
Owners (but less than all Lot Owners) and/or Founder Members and/or Outside
Members are subject, such as, costs of special services or facilities provided to a
Lot Owner, Founder Member and/or Outside Members relating to the special use
of the recreation facilities or tickets for sh<lws, special events, or performances
held in recreation facilities, which are paid.initially by the Declarant, or to the use
the Membership Amenities (if any). Special Use Fees shall be payable at such
or time(s) as determined by the Declarant.
ARTICLE 6.
0
MAINTENANCE OF HOMES AND LOTS
6.1. Each Lot Owner shall be solely responsible for maintaining all structures
o@ments (including the Home) located on their Lot in good working
con.....,.,.. .•_...,..d in a neat, orderly and attractive manner .and consistent with th~
geneim1it.no~rrance of The Oaks. The minimum (though not sole) standard for the
forego shall be consistency with the general appearance of The Oaks as
initially c ~ e d and otherwise improved by Declarant or by any Builders who
· build in c ce with plans approved by Declarant (taking into account,
however, n eathering and fading of exterior finishes, but not to the point of
unsightliness, ~·udgment of the ACC). Each Lot Owner shall repaint or
restain, as appro , the exterior portions of their Home (with the same colors
as initially used the Home or as otherwise approved by the ACC) as often as is
necessary to com~ith the foregoing standards. Lot Owners shall be
responsible for all ~ tenance of their Homes, including, without limitation,
pressure cleaning, cleani f the roof, fertilization of sod and landscape, painting
of exterior, trimming o e and bushes, and repairs to irrigation, fences and/or
screens. All. mailboxes . ...,,,,,.,_,.,.,~ in The Oaks shall be uniform in all respects (as
determined in the sole dis of the Declarant or the ACC), including, without
limitation, size, style and , owever, Neighborhoods may slightly modify
their mailboxes in a uniform ~.,..$.the Neighborhood's sole cost and expense
and only upon the approval of ~ r the Declarant in its sole discretion.
6.2 . ~~~ts designated ~ Common Properties,

Lots. Except only for the portion..--...........;.....
if any, hereunder, each Lot Own~ be solely respohsible for maintaining
their Lot, including, without liniitatio adjacent to their Lot, which are, if
any, the sidewalks, swales, mailbo ~ a n k , lake access tract, trees,
shrubbery, grass and all landscaping e and the irrigation thereof, .the
irrigation system, the driveways thereon ( 1ect to the provisions below) and the
swimming pool and any other approved ou~purtenances thereon, in good
working condition and all in a neat, orderly ~~ctive manner and consistent
with the general appearance of The Oaks as a ~ The minimum (though not
sole) standard for the foregoing shall be the ge~~arance of The Oaks as
initially landscaped by Declarant or Builders ~ d a r d being subject to
llk...OIIMCCAWL£YD\:l◄JJ02vl6\wd9rn16_.DOC\7/15/04\l4449.020600 ~
Declaration
31

being raised by virtue of the natural and orderly growth and maturation of
-applicable landscaping, as properly trimmed and maintained). Each Lot' Owner
shall be deemed to have agreed to indemnify and hold harmless Association and
the holder of any such easement, including, without limitation, all applicable
utility companies and governmental agencies, their agents, servants, employees
and elected officials, from and against any and all actions or claims whatsoever
arising out of the use of the Common Properties and any easement or the
construction and/or maintenance of any driveway in that portion of the Common
operties, easement area, or in a right-of-way between the boundary of such Lot
er'·s Home and the edge of the adjacent right-of-way or lake tract. Further,
ch Lot Owner agrees to reimburse the Association any expense incurred in
ai~g any damage to such driveway in the e;:::vent that such Lot Owner fails to
-•&-••- the required repairs. ·
6.3. ~ - Due to water quality, irrigation systems may cause staining on Homes,
othe:. ~fures or paved areas.· All irrigation systems using well water (which
shall!lled only upon the advance written approval of the ACC, which may
be WI in its sole discretion) shall use an appropriate rust (iron) inhibitor
filter s em o prevent stains. It is each Lot Owner's responsibility to treat and
staining. Association may require from time to time that Lot
.,,.-Jstems to prevent stains (e.g., automatic deionization systems).
- ....1"' •
e Lot adjoins a waterway or lake may utilize the waterway or

-~✓A=,r.iation may use waterways and lakes to irrigate Common
Properties, as a,m;nR:table, subject to applicable permitting. Declarant and
Association shal a=ee right (but not the obligation) to use one or more pumps
to remove water fr es and waterbodies for irrigation purposes at all times,
subject to applicable itting. No structure, landscaping, or other material shall
be placed or be permitt remain which may damage or interfere with the
drainage or irrigation ofi e aks and/or installation or maintenance of utilities or
which may obstruct or rel,Q,l,...,.Ul~se flow of water through The Oaks and/or water
management areas and i:,e."'"-'"M!'~ or otherwise interfere with any drainage,
irrigation and/or easement t)t'(]MOteGi for in this Section or the use rights set forth
elsewhere in this Declaration. o
6.4. Subdivision and Re ulation of ~ ortion of any Home or Lot shall be
divided or subdivided or its b d · changed · without the prior written
. approval of Association. No Lot •Au=.- shall inaugurate or implement any
variation froin, modification to, or nt of governmental regulations, land
use plans, land development regulations, r any other development orders
or development permits applicable to aks, without the prior written
approval of Declarant, which may be grant or denied in its sole discretion.
6.5. Remedies for Noncompliance.. In the even

maintain their Home or Lot or failure to
=·---- failure of a Lot Owner to
y of their maintenance
obligations with regard to the Common Propertie · rdance with this Article,
the Association shall have the right (but not ion), upon fifteen (I 5)
ftl-trv01\MCCAWLEYDIJ4l302vl6\wd9ml6_.DOC\7/15/04\14449.020600
Declaration
~
32
:··• .:. :•"! . .... -- - , ··-:···.· ·

days' prior written notice to the Lot Owner at the address last appearing in the
records of the Association; to enter upon the Lot Owner's Lot and perform such ·
work as is necessary to bring the Lot, Home or fulfilling any of their maintenance
obligations with regard to the Common Properties, as applicable, into compliance
with the stan~ards set forth in this Article. The remedies provided for herein shall
be cumulative with all other remedies available under this Declaration (including,
without limitation, the imposition of fines or special assessments, the filing of
liens or the filing of other legal or equitable actions).
ts of Remedial Work· Surchar es. In the event that the Association performs
remedial work on a Home, Lot or Common Properties- pursuant to this
cl~tio~, the costs m:1d expense~ thereof shall be _deeme~ a sp~cial assessment
r Section 5.5 of this Declaration and may be immediately imposed by the
\Ul.>an:l\of Directors. In order to discourage Lot Owners from abandoning certain
hereunder for the purpose of forcing the Association to assume same, and,
additi~9, to reimburse the Association for administrative expenses incurred,
. the ~~Pre entity may impose a surcharge of not more than fifty percent (50%)
of th . f the applicable remedial work, such surcharge to be a part of the
afores ~ pial e assessment. No bids need be obtained for any of the work
performe ant to this Article and the person(s) or company performing such
work may ected by the Association in the sole discretion of the Board of
Directors. ~
6.7. Right of Entry. is hereby created an easement in favor of the Declarant, the
Association an eir applicable designees over each Lot for the purpose of
entering onto such ~ t h e performance of the work herein described.
. 6.8. Limited Exemption~.t extent that a Home on a Lot is under construction by

the Declarant or a r bound to comply with construction-related
requirements or restric · posed by the Declarant, the provisions of this
Article shall not apply to t until such time as the construction of the Home
is completed as evidenced o · uance of a certificate of occupancy therefor.
6.9. Title Documents. Each L ~~cQ by acceptance of a deed to a Lot
acknowledges that such Lot andvfou!)iireon is subject to certain land use and
title documents and all amendm o, which may include among other
items, the following documents ( · ~aration, the Articles and the By Laws
collectively, the "Title Documents"): ~~ •
(a) Declarant's plan of development ~ a l e s may necessitate from time

to time the further amendment, ~c~tion and/or termination of the
Title Documents. DECLARANT RE ES THE UNCONDITIONAL
RIGHT TO SEEK AMENDMENTS ..__.,~ ......MODIFICATIONS OF TIIE
TITLE DOCUMENTS. It is possible T..,.T.,,...- rnmental subdivision or
agency may require the execution of one~DJ.Ol~ ents in connection
with an amendment, modification, an t-0i;.~~lllation ·of the Title
Documents. To the extent that such doc the joinder of Lot
111-..01\MOCAWLEYD'll◄ ll02vl6\wd9m 16_.DOC\7/15/04\14449.020600
Declaration
33

Owners other than Declarant, by any one of its duly authorized officers,
may, as the agent and/or the attorney-in-fact for the Lot Owners, execute,
acknowledge and deliver any documents required by applicable
governmental subdivision or agency; and the Lot Owners, by virtue of
their acceptance of deeds, irrevocably nominate, constitute and appoint
Declarant through any one of its duly authorized officers, as their proper
and legal attorney-in-fact for such purpose. This appointment is coupled
with an interest and is therefore irrevocable. Any such documents
executed pursuant to this Section may recite that it is made pursuant to this
Section. Notwithstanding the foregoing, each Lot Owner shall be
obligated;
OTo execute or otherwise join in any documents required in connection

~ (n\ with
the amendment, modification, or termination of the Title Documents,
~vand
0
(c) ~~such Lot Owner has waived its right to object to or make any
ent concerning the form or substance of any amendment,
dification, or termination of the Title Documents.
limiting the foregoing, when Class B membership ceases, the

.. ,{,,14uµ...,,assume all of the obligations of Declarant under the Title
Documents otherwise provided by Declarant by amendment to the
Declaration re the Public Records, from time to time, and in the sole and
absolute discreti ofDeclarant.
6.10. Buffer Area Maint . The owner of Lots 11 and 12, Block B2 and Lots 14
and 15, Block B3 (" ffer Lots"), of OAKS AT BOCA RATON PLAT ONE, as
recorded in Plat Book , ges 16 through 22, of the Public Records of Palm
Beach Cowity, Florida " One") shall be responsible for maintaining and
irrigating the land within ii) -8 of Plat One which is immediately adjacent to
the rear of their respective ~cordance with standards set by the ACC from
time to time. The owner Buffer Lots is granted the privilege and
requirement of using this land ·atety adjacent to their rear Lot line and the
buffer wall as op~n and/or gr s.pj1t:~m1d_ of placing their fence up to and ·
abutting the wall (but not attacn ......,,..,,,.,.,.... ce to the wall). The owner of the
Buffer Lots is prohibited from re; altering or adding to the landscaping
within Tract L-8 without the prior C()Jfset1.0 f the Association (or ACC) or from
using said space for any purpose othe,i:..:t1:,~R~:,..., pen and/or green space. In the
event. of the failure of the owner of the -£--&..--,~ts, to maintain and irrigate the
portion of Tract L-8 of Plat One adjacent e rear of their Lot, the Association
shall be entitled to perform such work and c the respective Lot Owner in
Section 6.5 and 6.6 herein. 111rthPr, lack of use of Tract L-8 of
accordance with 11-1
Plat One by the Association, and the granting o · rivilege and enjoyment to
the owners of the Buffer Lots in no event grants ,.,,,-..,,.A-.nrnership interest in the land
within Tract L-8 to the Buffer Lots.
ftl-lllVOIIMCCAWLE~ll02vl6\wd9m16_.00C\7/15A>4\14449.020600
Declaration
34
. : ,· .

6.11. Maintenance of Adjacent Swales and Sidewalks. Lot Owners are solely
responsible for the maintenance and irrigation of all swales, including without
limitation, any trees planted in the swales as approved by the Declarant or the
Association and maintenance of all sidewalks adjacent to their respective Lots.
Lot Owners are permitted to construct a driveway across such swales and/or
sidewalks, subject to approval by the ACC. In the event of the failure of a Lot
Owner to maintain the sidewalks adjacent to the Lot and maintain and irrigate the
swales adjacent to the Lot in accordance with the standards set by the ACC or any
vernmental or quasi-governmental entity, the Association shall be entitled to
orm such work and charge such Lot Owner in accordance with Sections 6.5
6.6 herein.
.,
Penance of Lake Maintenance Easement Areas and Lake Access Tracts. Lot
~ are solely responsible. for the maintenance and irrigation of Lake
~t€nance Easement Areas-and Lake Access Tracts as provided for in Section
4 .1
Mai
O!II event of the failure of a Lot Owner to maintain and irrigate the Lake
e Area (including green space between edge of the Lake Maintenance
Ease t d the water's edge) and Lake Access Tract in accordance with the
stand set by the ACC, the Association shall be entitled to perform such work
and chargf,,1~•fot Owner in accordance ~ith Sections 6.5 and 6.6 herein.
~ ARTICLE 7.
C RULES AND REGULATIONS
7.1. Applicability. suant to Section 7.34 hereof, the Association, from time to
time, by and thro!!e Board of Directors, may adopt additional rules and
regulations govern e Lots, Homes and Common Properties of The Oaks.
The provisions of thi '.Arti le 7 and Article 13 and any other rules and regulations
adopted by the Associ · hall be applicable to alJ of the Lots, Homes and
Common Properties of rw.~.,,,.__~s, but shall not be applicable to the Declarant or
any of its written designee ding, but not limited to, one or more Builders or
other Lot Owners if so ~~Ulkd) or Lots or other property owned by the
Declarant or any of its desi ee . · s right will continue until the last Lot or
Home is built by the Builder[s] at tfarant designates in its sole discretion.
7.2. ion of the Common Properties may

be obstructed, encumbered, or use ot Owners for any purpose other than as
permitted by Association. @ ·
7.3. Assumption of Risk. Without limiting~ provision herein, each person
using any portion of the Common Pro~accepts and assumes all risk and
responsibility for noise, liability, injury, or d-&.1-i:.,,,r-,.c.onnected with the use of such
Common Properties including, without Ii · (a) noise from maintenance
equipment, (b) use of pesticides, herbicides · izer restrictions caused by
maturation of trees and shrubbery, (d) reduction· cy caused by the removal
or pruning of shrubbery or trees within The Oaks, '"-":r'- ..,,-"'design of any portion of
The Oaks. Each such person also expressly -.m:1..imi~ies and agrees to hold
111-an<ll\MCCAWLEYDIJ41302v16\wd9m 16_.DOC\7115/04\14449.020600
Declaration
35

harmless Declarant, Association and all employees, directors, representatives,
officers, agents, and partners of the foregoing, from any and all damages, whether
direct or consequential, arising from or related to the person's use of the Common
Properties, including for attorneys' fees, paraprofessional fees and costs at trial
and upon appeal. EACH OWNER ACKNOWLEDGES THAT THE COMMON
PROPERTIES MAY CONTAIN WILDLIFE SUCH AS ALLIGATORS,
RACCOONS, DEER, SWINE, TIJRKEYS, SNAKES, DUCKS, AND FOXES.
DECLARANT, BUILDERS, AND ASSOCIATION SHALL HAVE NO
SPONSIBILITY FOR MONITORING SUCH WILDLIFE OR NOTIFYING
ERS OR OTHER PERSONS OF THE PRESENCE OF SUCH WILDLIFE.
CH OWNER AND ALL THEIR GUESTS AND INVITEES ARE
SP8NSIBLE FOR THEIR OWN SAFETY.
7.4. Vn:t..-fl,nmer's Obli ations to Indemni . Each Lot Owner agrees to indemnify and
armless Declarant, Association, their officers, partners, agents, employees,
a 1y·ate directors and attorneys (collectively, "Indemnified Parties") against all
acti · ·ury, claims, loss, liability, damages, costs and expenses of any kind or
natur soever ("Losses") incurred by or asserted against any of the
Inde ed · Parties from and after the date hereof, whether direct, indirect, or
conseque~· s a result of or· in any way related to the Common Properties,
and/or fr act. or omission of Declarant, Association or of any of the
Indemnifie s. Should any Lot Owner bring suit against Declarant,
Association ~ t h e Indemnified Parties for any claim or matter and fail to
obtain judgment in against such Indemnified Parties, such Lot Owner shall
be liable to su parties for all Losses, costs and expenses incurred by the
Indemnified Partie~e defense of such suit, including attorney's ·fees and
paraprofessional fe~ial and upon appeal. .
7.5. Land Use and Buildin . No Lot shall be used except for single family
residential and reasona · lary purposes, unless· otherwise approved by the
Declarant. No building c s ted on a Lot shall be used except for residential
purposes. No building S1uu1NJ<.,__...1--.cted, altered, placed or permitted to remain on ,
any Lot other than one Home. T rm uses by Declarant and its designees for
model homes, guest accomm ~tjp§;s,'iales displays, parking lots, sales offices
and other offices, or any one or CQ111~gil-of such uses, shall be permitted at all
times. No impro\!ements may o a a Lot, CJr changes thereafter made
{unless such changes are made by arant) without the consent of the ACC
{as hereinafter defined). Neither the ,...,..,.. =,ation nor any Lot Owner shall make
or permit any modification or altera · improvements or landscaping
(including, without limitation, removal , changing the level of the land
within The Oaks, or planting landscaping ·ch results in any permanent change
in the flow and drainage of water) within Th~xcept with the prior written
consent of the ACC. No building shall be hed or removed without the
prior written consent of the Board of Directors. Q
ftl-m01\MCCAWLEYD\341~02vl6\wd9ml6~.DOC\7/IS/04\1#49.020600
Declaration
36
~
7.6. Construction Activity. Unless otherwise approved in advance by the ACC, no
construction or construction related activities or third party landscaping or
·maintenance activities on a Lot or Home may be undertaken except on the times
and dates determined by the Association as set forth in the rules and regulations.
7.7. Easements. Easements for installation and maintenance of Community Systems,

utilities, and for roadway and turnaround purposes are reserved as shown on the
recorded Plats or recorded easements and as provided herein. Within these
ements, no structure, planting, fence, screen or other material may be placed or
itted to remain that will· interfere with or prevent the utilization of the
ements unless approved in writing in advance by Declarant or the Association.
e Ep;ea of each Lot covered by an easement and all improvements in the area
oe maintained continuously by the Lot Owner of the Lot, except as provided
'-QJ;~J:lEJ\tO the contrary and except for installations for which a public authority or
company is responsible.. The appropriate_ water and sewer authority,
elec~_;,ryfility company, telephone company, natural gas company, the
Ass"ie:and the Declarant, and its and their affiliates, and respective
succe d assigns, shall have a perpetual easement for the installation and
mainte ce, all underground, of water lines, sanitary sewers, storm drains, and
electric, t e and security lines, ·natural gas lines, cables and conduits, under
and throu~~-~- utility easements as shown on. the Plat or as reserved herein.
ffiliates, and its and their .designees, successors and assigns,
oo~~L4!asement for the installation and maintenance of cable and
community ante , _radio, television, natural g~ and security lines (and for all
future technolog a i ivances a not now known) within platted or reserved utility
easement areas, or er portion of The Oaks (other than under improvements
not owned by Dec t or its affiliates). All utilities and lines within the
subdivision, whether in s rights-of-way or utility easements, shall be installed
and maintained under except those appurtenances commonly required to
be above ground that sup1.1w~.l'l.'1-l'J... underground system. Those appurtenances may
include transformers, hand\1-"'-IJr.,..,..,-..,•ervice boxes, risers, etc.
7.8. Nuisances. Nothing shall b r ~aintained on any Lot which may be or

become an annoyance or- nuis (i~'thers within The Oaks. Any activity on a
Lot which interferes with televisVn~r radio reception on another Lot shall
be deeme4 a nuisance and a pro~~'ac3tivity. In the event of a dispute or
question as. to what may be or beco~ isance, such dispute or question shall
be submitted to the Board of Directo ch shall render a decision in writing,
and such decision shall be dispo_sitl dispute or question. ALL
PERSONS ARE REFERRED TO SEC_.._._~.,,,,,,_ .11 HEREOF WITH RESPECT
TO CERTAIN ACTIVITIES OF DECL NT.
7.9. Structures· Other Outdoor xcept as may be approved or

used by the Declaiant during construction and/u._,,.,=,..o periods, no structure of a
temporary character, or trailer, tent, mobile ho°:~ational vehicle,.shall ·be
permitted on any Lots within The Oaks at a n ~ used at any time as a
ftf..srv01\MCCAWLl!YI>\341302vl6\wd9mi6_.DOC\7/15/04\14449.020600 ~
Declaration
37
.- . ~- . ':_ . , '. ,,. . .. . .

residence, either temporarily or permanently, except by the Declarant and its
affiliates during construction. Any outdoor equipment such as, but not limited to,
pool pumps, water softening devices, air conditioning and heating compressors
and/or condensers, outdoor children's recreational equipment and/or artwork of
any kind shall be completely screened from the view of anyone not standing on
the Lot by the use of landscaping or other means (in any event, as approved by the .
ACC); provided, however, that the use of such screening shall not obviate the
equirement that the installation of any such equipment nevertheless be approved
the ACC.
· s. No sign of any kind shall be displayed to the public view within The Oaks
wi&n any of the Common Properties except for signs used by the Declarant,
ers and their affiliates and agents (to the extent such signs are approved by
clarant) during the development, construction and/or sale of the Lots by the
~~;;:~ant or such Builders. No "FOR SALE" signs shall be permitted on any Lot.
0
7.11. tock and Poul . Subject to the rules and regulations governing the
-~nM:hed hereto as Exhibit "D 0 ) , which may be modified to limit the
numbe d/or type of pets permitted in a Home, each Lot Owner of a Lot may
keep not ~ a n three (3) household pets in their Home, su~ject to the terms
hereof, an · ded that any pet does not become a nuisance or annoyance to any
neighbor b _ of barking or otherwise. A determination by the Board of
Directors tha · or pet kept or harbored in a Home is a nuisance shall be
conclusive and · · g on all parties. Except for the household pets which may
any kind shall be r · bred or kept on any Lot. No pet may be kept, bred or
maintained for any ercial purpose. No dogs or other pets shall be permitted
to have excretions on ommon Properties, except areas designated by the
Association, if any, an Owners shall be responsible -to clean up any such
excretions. For purposes--tt~~ "household pets" shall mean dogs, cats and other
animals expressly permitt e Association, if any. ALL PETS SHALL BE
KEPT ON A LEASH T IN THE APPLICABLE HOME OR IN A
SECURED FENCED-IN ~Y. Pets shall also be subject to all
~thing contained herein shall prohibit the
keeping of fish or domestic (ho ~ e ) birds, as long as the latter ~o n.ot
become a source of annoyance to ~ ) : ) No horses or hams are permitt~d.
7.12. Visibility at Intersections. No obs 1 to visibility at street intersections or

Common Properties intersections shall ~P~IDIJ , including, without limitation
any obstruction caused by trees, shru _and fences; ·provided that the
Association shall not be liable in any m er to any person or entity, including
Lot Owners and Members' Permittees for ~ages, liabilities, injuries or
deaths arising from violations of this Secti . trimming of said trees and
shrubs shall be the sole responsibility of the adj t ot Owner(s).
7.13. Architectural Control. The Architectural Contrn~ttee ("ACC") shall be a

committee appointed by the Board of Directors~~ s_·uch appointment the
ftl-sn01\MCCAWLEYD\341J02v16\wd9m16_.DOC\7/15~14449.020600 . ~
Declaration
38

Board of Directors shall serve in such capacity. Members of the ACC serve at the
pleasure of the Board of Directors and may be removed and replaced by the Board
of Directors at any time in the Board of Director's sole and absolute discretion.
The ACC shall have the power to promulgate such rules and regulations as it
deems necessary to carry out the provisions and intent of this paragraph.. A
majority of the ACC may designate a representative to act for the ACC and may
employ personnel and consultants to act for it. In the event of death, disability or
signation of any· member of the ACC, the remaining members shall have full
thority to designate a successor. The members of the ACC shall not be entitled
y compensation for services performed pursuant to this covenant, unless
gaged by the Association in a professional capacity.
Sliding or other structure or improvem~nt of any nature including, but not

~ to, pools, screen enclosures, patios or patio extensions, hedges, other
~~ping, exterior lighting, mailboxes, exterior paint or finish, awnings,
shutter~cane protection, permanent basketball hoops (however, rules
gov~ee ,use and times of play may be established by the Board of Directors
and nt hoops must be free standing only:, properly placed, and screened
from cent Lots and Common Properties in accordance with the determination
by the _..-'Jr-- wing sets or play apparati, decorative plaques or accessories,
birdhouse oor children's recreational equipment, artwork of any kind, other
pet houses, ~ asphalting, sidewalk/driveway surfaces or treatments or other
improvement E e s of any kind, even if not permanently affixed to the land
or to other impr nts) shall be erected, placed or altered on any Lot until the
construction pl ~specifications and a plan showing the location of the
structure and lands or of the materials as may be required by the ACC have
been approved, if a , in writing by the ACC and all nec~ssary governmental
permits are obtained. Fiiwalls and similar improvements shall be governed
by Section 7.18 herein. o ersions of garages to living space or other uses are
permitted when in the op the ACC same are not readily apparent from the
exteriors of applicable . Each building, wall, fence (if any) or other
structure or improvement ~:::-::~~~.~ture, together with landscaping; shall be
· erected, placed or altered upon 1.m;v[Jl.~iajses only in accordance with the· plans and
specifications and plot plan so ,naor,.,,..-,.,...,d and applicable governmental permits and
requirements. Refusal of appro J).'~~•"...r!"'•~.""..., specifications and location plans, or
any of them, may be based on any o , ncluding purely aesthetic ones, which
in the sole and absolute discretion o "'.,...,,..""CC are deemed sufficient, and neither
the Architectural· Control Committee r members thereof shall be liable for
· any loss or damage arising from suc~n'l.-P'f-iiN~I'-.. Any change in the exterior
·appearance of any building, wall, fence ~0M11t:r structure or improvements, and
any change in the appearance of landsc in shall be deemed an alteration
requiring approval. The ACC shall use reasou.....,,....~fforts to act on submissions to
it within forty.five (45) days after receiN::::::>C»--rne same (and all further
documentation required by it). In the event does not respond within
such forty.five (45) day period, such submission ,,.:wu.vL,,., deemed not approved by
_,_. . -. : :~~~~-,. . ·-~ Declaration

&
39

The ACC shall .not unreasonably withhold its approval of the installation of
hurricane shutters or a similar equipment; provided, however, that the Board of
Directors is expressly · authorized to adopt reasonable rules and regulations
governing when such shutters are kept in a closed position.
No request for approval shall be valid or require any action unless and until all
Assessments on the applicable Lot (and any interest and late charges thereon)
have been paid in full.
light Qf the fact that the types, styles and locations of Homes may differ among
different areas of The Oaks, in approving or disapproving requests submitted
it hereunder the ACC may vary its standards among such areas to reflect such
· fittg characteristics. Accordingly, the fact that the ACC may approve or
rove a request pertaining to a Lot in one area shall not serve as precedent
imilar requ~st from a Lot Owner in another area where the latter has
v~ha'racteristics differing from the former. ·
In th~that any new improvement or landscaping is added to a Home/Lot, or

any e~ifg improvement on a Lot is altered, in violation of this Section, the
Ass~ciati~n l have the right (and~ easement arid lice~se) to e~ter ~pon the
apphcabl d remove or othetw1se remedy the apphcable v1olat1on after
giving the ~ e r at least ten (10) days' prior written notice of, and
opportunity t c the violation in question. The costs of such remedial work
and a surcharg inimum of fifty dollars ($50.00) (but in no event more than
fifty p~rcent (5 ) of the aforesaid costs) shall be a special assessment against
the Lot, which Ass~t shall be payable upon demand and secured by the lien
for Assessments p r ~ for in this Declaration.
The ~pproval of any p r ~ improvements or al!erations by the _A~C shall not

constitute a warranty bha~ val as to, and neither the Associat10n nor any
member or representative ACC or the Board of Directors shall be liable for,
the safety, soundness, wor·""""'1n-<•·"'ip, materials or usefulness for any purpose of
any such improvement or alt ati r as to its compliance with governmental or
industry codes or standards. !.f~friitting 'a request for the approval of any
improvement or alteration, the~~ · Lot Owner shall be deemed to have
automatically agreed to hold ham~~ · demnify the aforesaid members and
representatives, and the Associatio erally, from and for any loss, claim or
damages connected with the aforesai ~ of the improvements or alterations.
The ACC may, but shall not be requ~quire that any request for its
approval be accompanied by the written~nt of the Lot Owners [up to five
(5)] adjoining or nearby the Lot or Home~osed to be altered or further
improved as described in the request. ~~
Without limiting the generality of Section 7. I~~

the foregoing provisions
shall not be applicable to Declarant or its affiliates ignees or to construction
activities conducted by the Declarant or its affili ~~
ftl-..01\MCCAWUlYD\34130lvl6\wd9nol6~.DOC\7/15/04\14449.020600 ~
Declaration
40

Roofs and/or exterior surfaces and/or pavement, including, but not limited to,
walks and drives, shall be pressure cleaned within thirty (30) days of notice by the
ACC.
Homes shall be repainted within forty-five (45) days of notice by the ACC.
The ACC shall have the right, in its sole discretion, to charge a reasonable fee for
the review of all materials provided by a Lot Owner and to collect a security
eposit (to be determined by the ACC, in its sole discretion) iil the event that the
mmon Properties are damaged by the proposed improvement or activity,
.,,.."........ding, without limitation, structures, sidewalks, landscape buffers, drainage
swales.
0
unit Standards.. Each Lot Owner and its contractors and employees shall
ov~-",.,.,, and comply with, the Community Standards which now or may hereafter
. rom l~ted by the ACC and approved by the Board of Directors from time to
tiin Community Standards shall be· effective from the date of adoption,
shall ifically enforceable by injunction or otherwise, and shall have the
effect ovenants as if set forth herein verbatim. The Community Standards
shall not re any Lot Owner to alter the improvements previously constructed.
So long ...,,.""' .. "B 11 membership exists, Declarant shall have the right to approve
,J<>q,I
the Comm•,.,...r1'..........c:<1,ndards, which approval may be granted or denied in its sole
7.15. railers Carn rs and Boats and Lots/Gara es. No jet skis, jet
ski trailers, nor a n ~ ·cle having a shell, camper or other attachment, or
commercial vehicl pers, mobile homes, motor homes, house trailers or
trailers of every othe escription, recreational vehicles, boats, boat trailers, horse
trailers or vans, shall be ·tted to be parked or to be stored ·at any place within
The Oaks, nor in dedicau;~_,..~.as, except in enclosed garages. For purposes of
this Section, 11 commercial s" shall mean those which are not designed and
used for customary, person~~ti!~~-{y purposes. The absence of commercial-type
lettering or graphics on a v I ·not be dispositive as to whether it is a
commercial vehicle. The pro <t1n parking :contained in this Section shall
not_ apply to temporary parking:~P'b:'tfelb:-.and commercial vehicles, such as for
providing pickup and delivery, sengerrtype vans with windows for
personal use which are in acceptab11~00Imition in the sole opinion of the Board of
Directors (which favorable opinion changed at any time), nor to any
vehicles of the Declarant or its affilia.~.,/fl~al cases, vehicles kept within The
Oaks shall_ be roadworthy including, wi ~ · tion, as to not having fl~t tires,
being in operating condition and having ent license plate/registration. All
Lot Owners and other occupants of Home~advised to consult with the
Association prior to purchasing, or bringing ~~e Oaks, any type of vehicle
other than a passenger car inasmuch as such ~ e of vehicle may not be
permitted to be kept within The Oaks. Subject t a able · laws and ordinances,
any vehicle parked in violation of these or other re contained herein or in
the rules and regulations now or hereafter adopt ,~ n g , without limitation,
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Declaration
41

leaking oil or other fluids, may be towed by the Association at the sole expense of
the owner. of such vehicle if such vehicle remains in violation for a period of
twenty-four (24) hours from the time a notice of violation is placed on the vehicle.
The Association shall not be liable to the owner of such vehicle for trespass,
conversion or otherwise, nor guilty of any criminal act, by reason of such towing
and once the notice is posted, neither its removal, nor failure of the owner to
receive it for any other reason, shall be grounds for relief of any kind. An
affidavit of the person posting the aforesaid notice stating .that it was properly
sted shall be conclusive evidence of proper posting. Garage doors shall be kept
ed at all times except when in actual use and during reasonably limited
ods when the garage is being cleaned or other activities are being conducted
re~'.pm which reasonably require the doors to be left open.
on Common Pro rties and Lots. No vehicles of any type shall be parked
portion of the Common Properties (inciuding roadways) or any portions of
a ~ t ol(}han its driveway (which prohibition shall include, without.limitation,
par · w.wales or the sidewalk between the driveway and the apron of the
give t cl/or garage. Notwithstanding the foregoing, provided (i) there is no
interfe e with traffic, (ii) the vehicle is permitted to be parked outside a garage .
in accor~·th Section 7.15 hereof, (iii) such parking does not create any
safety h d (iv) such parking is in compliance with all governmental laws
and regulatt ~·the rules and regulations of the Association, as modified from
time to time, wner may Eark their vehicle on the streets located within the
Common Prope · xcept for Bridgebrook Drive and Oaks Club Drive) during
daylight hours ~onas traffic and utilities (such as fire hydrants) are not
obstructed. O
7.17. Garba e and Trash is . No garbage, refuse, trash or rubbish (including
materials for recycling be kept out of doors except as permitted by the
Association. The requiremeatNT,om time to time of the Board of Directors and/or
the applicable, governmen ority for disposal or collection of waste shall be
complied with.· All equipmenr~01Nne storage or disposal of such material shall be
kept in a clean and sanitary c d'
5
. xcept as permitted by the Association, all
garbage and trash placed outd !fs~ curb must be in a plastic containe~ with a
lid which is held down by a br~$!!))ter closure device. Garbage must be
maintained in accordance with e · ents of the Board of Directors and
may not be placed out for collectio ·r than twenty-four (24) hours prior to
scheduled collection and must be rem ·thin twelve (12) hours of collection.
In the event that· governm~ntal dispos,<N..:Z_...,..'nl l tion .of waste is not provided to
individual Homes or Lots, garbage, refits""-.,,._,.,.. r rubbish shall be collected by a
private entity ·hired by the Associatio . The Association shall adjust the
Assessments to reflect the cost thereof. ~ .
7.18. Fences, Walls and Hedges. No fence, wall, hed~sure (i.e., screen)urother
structure shall be erected on any Lot, except as o · installed by Declarant or
its affiliates or as approved by the ACC as abov ~ ed. In considering any
ftl-1rv01\MCCAWLEYD\341302vl6\wd9ml6_.DOC\7/IS/04\14449.020600 ~ .
. Declaration
42

request for approval of a hedge or other landscaping, the ACC shall ·give due
consideration to the possibility of same obstructing the view from any adjoining
Lot or the Common Properties and may condition its approval on the hedge or
other landscaping being kept to a specific height by the Association.
7.19. No Drying. No clothing, laundry or wash shall be aired or dried on any portion of
The Oaks which would be visible from other Lots or the Common Properties.
ome Air Conditioners and Reflective Materials. No air conditioning units may
ounted through· windows or walls. No building shall have any aluminum foil
ed in any window or glass door or any reflective substance or other materials
ce~ standard window treatments) placed on any glass, except such as may be
Wed by ~e ACC for energy conservation purposes.
7.21. fzf.D)ir Antennas. No exterior antennas or satellite dishes or similar equipment

~iie ennitted on any Lot or improvement thereo_n, except for satellite dishe~
whi _ installed no higher than forty-eight inches (48") off of the ground, are
less nty-four inches (24") in diameter and are screened from view in all
directi to the satisfaction of the ACC and provided that Declarant and its
affiliates s have the right to install and maintain community antenna,
-~ o~mna, dishes, satellite antenna and radio, television and security
changing technology, Declarant may periodically update the
·..r--T......_r,aragraph and may modify these require_ments by adopting
.,o.1,1wµOuQ.pproved y the Association, which must be reasonable in
light of changi technology and uses . and which will have the effect of
modifying this p a r ~
7.21.1. Solar Panels~ Exterior solar panels shall be permitted on any Home,
provided that th~panels are installed on the rear roof of the Home
and cannot be s the Common Properties or from an adjacent Lot
to the satisfaction fi CC.
7.22. Lakes and Waterbodies. No · g is permitted in any lake or other body of

water located in the Commo &es ('\Lake"): Neither Declatant nor the
Association make any represen . water quality in any Lake. Declarant
and/or Association shall not be o · rect fences, gates, or walls around or
adjacent to any waterbody or wat_ 'thin The Oaks. Notwithstanding the
foregoing, a Lot Owner may ere ce adjacent to the boundary of a
waterbody but within the boundary o ~~-t'wi the prior approval of the ACC.
No fence or other structure may be a 'thin any Lake Maintenance
Easement Area. No landscaping shall I, aced within any Lake Maintenance
Easement Area without the prior written a p ~ -I of the ACC, which may be
withheld in its sole and absolute discretion. · ing will not be permitted in
any waterbody. No docks may be erected wi waterbody forming part of
the Common Properties. No boats are permitte ... Lake. Lot Owners are not
,_..~'>'=·
permitted to draw water from any Lake ACH LOT OWNER
ACKNOWLEDGES THAT THE WATER L ALL LAKES. AND
" lll-ffl'OIIMCCAWLEYD\l4ll02vl6\wd9ml6_.DOC\7/IS/04\l4449.020600
Declaration
43
. ... . .. . "· -~, ... .,.......-.... ..... . . .- -· .

WATERBODIES MAY VARY. THERE IS NO GUARANTEE BY
DECLARANT OR ASSOCIATION THAT WATER LEVELS AND LITTORAL
ZONES WILL BE CONSTANT OR AESTHETICALLY PLEASING AT ANY
PARTICULAR TIME.
7.23. Storage. No temporary or permanent utility or storage shed, storage building,

tent, or other structure or improvement shall be permitted, and no other structure
or improvement shall be constructed, erected, altered, modified or maintained
·thout the prior approval of the ACC, which approval shall conform to the
uirements of this Declaration.
at Stora e. No boats may be stored on a Lot or used by a Lot Owner on any

waterbodies within The Oaks.
7.25.
7.26. Dist ~of Littoral Zone Plantin

s. No person shall disturb any of the littoral
:'J5J;fmt~ and any person disturbing same shall be responsible for the expense
of rep · g or repairing such littoral zone plant, and same may be specially
assessed agai any Lot owned by such person.
In addition "u.-"""'---ioregoing, each Lot Owne hereby stipulates and agrees that any
and all conse ati areas required by any governmental authority to be located·
within The ~ 1 be Common Properties and shall be the perpetual
responsibility of@fe A'.ssociation and may in no way be altered from the natural or
permitted state.· Activ' · prohibited within any and all conservation areas which
may be required t ~ cated within The Oaks, include, but are not limited to,
construction or plac1 of buildings on or above the ground; dumping or placing
of soil or other substanc h as trash; removal or destruction of trees, shrubs or
other vegetation (with ception of "exotic" and/or "nuisance" vegetation
removal); excavation; dre or removal of soil material; diking or fencing
(unless same is installed Association to protect plants) and any other
activities detrimental to dr a ood control, water conservation, erosion
control or fish and wildlife hab · evation or preservation.
Furthermore, the Palm Byach L'Q:?1,,~_Jt_";,,_, artment of Environmental Resource

Management ("DERM") r~quires nu.u.nLvzone lake plantings to be installed and
maintained in certain areas in The \.Ml~,.,"'-" ese plantings may not be disturbed,
trimmed or removed by any other pe n ther than the Association who must
first receive approval from DERM. The ~aintenance, cost and perpetual
obligation of such plantings shall be ~emain the responsibility of the
Association after Class B membership m t Association ceases and the
Declarant's representatives resign from the tlOJ1ttC1,•<llf Directors. Any Lot Owner
who damages the referenced plantings shall o responsible for the cost of
repairing same, as well as_ any fines, c~sts, or o r ges imposed by DERM or
any other agency or governmental entity arising -~···- ch damage. ALL LOT
OWNERS SHALL BE DEEMED TO HA OWLEDGED AND
ftl-m01\MCCAWLEYD\3413~vl61wd9ml6_.DOC\7/IS/04\14449.020600
Declaration
44

AGREED THAT VIEWS OF CERTAIN AREAS, INCLUDING, BUT NOT
LIMITED TO, ANY LAKES OR OTHER BODIES OF WATER IN OR
OUTSIDE OF THE OAKS MAY BE ALTERED BY THE PRESENCE OF
SUCH PLANTINGS.
All work pursuant to this Section 7.26 and all expenses ·incurred or allocated to
the Association shall be paid for by the Association through Assessments imposed
in accordance herewith. ·
Without limiting the foregoing, each Lot Owner shall also be subject to
ittoral zone restrictions set forth in Section 7.22 of this .Declaration.
· Guards. The Association may employ guards to monitor the property

ay determine to employ a guard company that utilizes armed guards.
the Declar~t nor. the Association nor any officer, ~irector, employee,
rygency (mcludmg any guard company) thereof shall be liable for any
d property, personal injury, or death arising from deeds or actions of
SU ·
7.28. Golf Carts. f carts are permitted in The Oaks provided (i) they are powered by
electrici ,p.,.,.'-VJ......,t gas, (ii) they are not parked on the street at any time, (iii) they
are stored ttv!~"""closed garage each night, (iv) they obey all common vehicles
rules of the r d d (v) they are permitted by governmental laws then in effect.
7.29. Members' Perm~ No Lot or Home shall be occupied by any person other
than the Lot Owne~reof and the applicable Members' Permittees and in no
event other than idence. For purposes of this Declaration, Member's
Permittees shall be e following persons and such persons' families, provided
that the Lot Owiier or ....ct..----'-ermitted occupant must reside with his/her family:
(a) an individual Lot v-..:~~h (b) an officer, director, stockholder or employee
of a corporate owner, (c) er in or employee of a partnership owner, (d) a
fiduciary or beneficiary nc:~w ·wnership in trust, or (e) occupants named or
described in a lease or sub e t only if approved in accordance with this
Declaration. Under no circum c nmy more than one family reside in a Home
at one time. The provisions o f § .shall not be applicable to Homes used
by the Declarant for model ap est accommodations, sales offices or
management services. As use<l he · amily" or words of similar import shall
be deemed to include a spouse, chi ~ nts, brothers, sisters, grandchildren
and other persons permanently cohalf · e Home as or together with the Lot
Owner or permitted occupant thereof, as el.vu..i..-..uiY live in household help of any
Lot Owner or permitted occupant. As herein, "guest" or words of similar
import shall include only those persons who •~J><-~ principal residence other than
the Home. Unless otherwise determined b e oard of Directors, a persori(s)
occupying a Home for more than one (1) mon not be deemed a guest but,
rather, shal1 be deemed a "lessee for purposes · Declaration (regardless of
whether a lease exists or rent is paid) and shall be · to the provisions of this
Declaration which apply to leases and lessees. ~Jr of this paragraph is to
ftl-lt\'Ol\MCCAWLBYDIJ41302vl6\wd9ml6_.DOC\7/IS/Q411#19.020600 ~
Declaration
45

prohibit the circumvention of the provisions and intent of this Article and the
provisions of Article 8 and the Board of Directors shall enfbrce, and the Lot
Owners shall comply with, same with due regard for such purpose.·
7.30. Home Office. No Lot Owner shall be permitted to utilize _his/her Home or any
portion of his/her Lot or Lots as an office for professional or commercial purposes
wtless (a) the Lot Owner obtains an occupational license for such use and is
otherwise fully in compliance with all applicable laws, statutes, codes, ordinances
d other agreements with government and quasi-governmental offices and {b)
h use will not unduly disturb (e.g., without limitation, excessive visitors and/or
·veries) other Lot Owners' quiet enjoyment of their Homes and the Common
~rties. Except for subsection (b), above, the foregoing provision shall not
fqo home offices which are solely staffed by a Lot Owner who is a natural
~ffl and/or their immediate family.
7.31. ~;de cation and Absences. In the event a Home will be unoccupied for an
ext·,.nr:k:'n--t'leriod, the Home must be prepared prior to departure by: (i) notifying
-•ll'v•.•h (ii) removing all removable furniture, plants and other objects from
Home, and (iii) designating a responsible firm or individual to care for
the Home, Id the Home suffer damage or require attention, and providing a
key to or individual. The name of the designee shall be furnished to
Association /'8.-<!'1!1',.r-iation shall have no responsibility of any nature relating to any
unoccupied .
7.32. Variances; E x e ~ The Board of Directors (or the ACC as to those matters
requiring the appr~f the ACC) shall have the right and power to grant
variances from th ~ isions of ·this Article 7 for good cause shown, as
determined in the r onable discretion of the Board of Directors or ACC, as
appropriate. No varin_,,,,.....,_,,,_ted as aforesaid shall alter, waive or impair-the
operation or effect of th · ·ons of this Article 7 in any instance in which such
variance is not granted. · standing anything to the contrary, the provisions
of this Article 7 shall not fj~·mutrable to the Declarant (or any of its designees)
or Lots or other property o b Declarant (or such designees).
~~o .
7.33. Applicability to Builders. A n ~ ~ ~ l be exempt from the provisions of
this Article, as well as those of · ve, to the extent that the application 1
of same would prevent or unreason · terfere with the construction of a Home
in a lawful manner; provided, how , t such Builder shall not be exempt
unless it is subject to initial construe · ·ew requirements by the Declarant.
Notwi~tanding the foregoing, Declaran , ~ the rules and regulatio?s _of the
Assoc1at1on, may (but shall not be obh ) to elect to regulate Bmlders to·
ensure that Builder's Lots which contain cons~n sites are fenced and are kept
in a neat, clean and orderly manner appropria~~uch site.
7.34. Additional Rules and Regulations. Attached ~

as Exhibit "D" are certain
additional rules and regulations of the Associati~~- are incorporated herein
by this reference and which, as may the foregoi , modified, in whole or
l!J......Ol\MCCAWLEYD\Ml302vl6\wd9ml6_D00.7/IS/04\l.«9.020600
Declaration
46
.... '. ,·-··.

in part, at any time by the Board of Directors without the necessity of recording
an amendment hereto or thereto in the public reco~ds. ·
ARTICLE 8.
RESALE AND LEASE RESTRICTIONS
8.1. Resale. No Lot Owner, other than the Declarant or its designees, may sell or
convey their interest in a Lot unless all Assessments and other sums due the
ssociation are paid in full and an estoppel certificate in recordable form to such
ect shall have been received by the Lot Owner. If all such sums shall have
paid, the Association shall deliver such certificate within seven (7) days
lowing a written request therefor. The Lot Owner requesting the certificate
-Q required to pay to the Association a reasonable fee to cover the costs of
~Pffi,ng the certificate and examining records.
8.2. L~~~-- ~rtion of a Lot (other than an entire Lot and the Home therein) may
be r . All leases shall be in writing and shall provide (or be automatically
deem ovide) that the Association shall have the right to terminate the lease
in the e of and as agent for the lessor upon default by tenant in observing any
of the pro~·· s of this Declaration, the Articles of Incorporation and By-Laws
of the A c1 • n and its applicable rules and regulations or other applicable
provisions ~agreement, document or instrument governing The Oaks or
administered Association. No bed and breakfast facility may be operated
out of a Home. ~ u a l rooms of a Home may not be leased on any basis. No
transient tenant~ay be accommodated in a Home or Lot. All leases or
occupancy agreem~all be in writing, and a copy of all leases of Homes or
Lots shall be provi~Association if so requested by Association. No Home or
Lot may be subject toi5o r than two (2) leases in any twelve (12) month period,
regardless of the lease No time-share or other similar arrangement is
permitted. The Lot O ~ymake available to the lessee or occupants copies
of the Association Docum~~o lease term shall.be less than four (4) months.
Lot Owners wishing to l e a s e ~ and Homes may, if the Board of Directors

so elects, be required to pla~~@w with the A~sociation a sum of up to
$500.00 which may be used b~~ ciation to repair any damage to the
Common Properties or other p The Oaks resulting from acts or
omissions of tenants (as determin e sole discretion of the Association).
The Association shall not be requir ~ y or remit any interest on any such
escrowed funds. The Lot Owner wiH..;::t~tQJ.Jnu, and severally liable with the
tenant to the Association for any amount i e of such sum which is required
by the Association to effect such repairs o pay any claim for injury or damage
to property caused by the negligence of the te Any balance remaining in the
escrow account, less an administrative charg exceed $50.00 and exclusive
of any interest retained by the Association, s,11,_,.,. ....."."'etumed to the Lot Owner
within ninety (90) days after written notice that u1,,_1.-u;.;1.i:~t vacates the Home. ·
ftl-orv01\MCCAWLEYD\3◄ 130lvl6\wd9ml6_.DOC\7/IS/04\l#19.020600
Declaration
47
,.·.. ·.-,..... - ...

ARTICLE 9.
ENFORCEMENT
9.1. Compliance by Lot Owners. Every Lot Owner and all Members' Permittees shall
comply with the restrictions and covenants set forth herein and any and all rules
and regulations which from time to time may be adopted by the Board of
Directors, or any other agreement, document or instrument affecting The Oaks or
administered by the Association and/or the ACC.
orcement. Failure of a Lot Owner or their Member's Permittees to comply

such restrictions, covenants or rules and regulations shall be grounds for
eetate action which may include, without limitation, an action to recover
s aue for damages, injunctive relief, or any combination thereof. The
~r1,\ation shall have the right to suspend the rights of use of Common
~ i e s (except for vehicular and pedestrian ingress_ to and egress from the Lot
Own~r's ol) of defaulting Lot Owners (and their Members' Permittees}. The
offe ot Owner shall be responsible for all costs of enforcement including
atto ' paraprofessionals' fees actually incurred and court costs, including
those r ing to appeals .
. 9.3. •.,;•~n
.§,~',_.."'.... to all other remedies, in the sole discretion of the Board of
Directors, a fines may be imposed upon a Lot Owner for failure of a Lot
Owner, or Pe to comply with any covenant, restriction, rule or regulation,
provided the fo procedures are adhered to:
(a) Notice: T~sociation shall notify the Lot Owner of the alleged
infraction o · ctions. Included in the notice shall be a date and time,
. , which shall not less than fourteen (14) days following the date of
notice, of a m e ~ f a committee of the Board of Directors (which
committee shall ):ibt.¼ ist of any officers, directors or employees of the
Association nor mi s se, parent, child, brother or sister of any officer,
director or employe hich time the Lot Owner or occupant shall
present reasons why es ii
not be imposed.
(b) · Hearing: The aileged ~~~ce

shall be presented to _the committee
after which the committee reasons why a fine(s)ishould not be
imposed. A written decisi e committee shall be supmitted to the
Lot Owner not later than ~ e (21) days after the committee's
meeting. The Lot Owner shal · t to be represented by counsel
and to cross-examine witnesses. Q
(c) Amounts: The committee may direct .Board of Directors to impose
special assessments against the Lot o ed the Lot Owner in an amount
of a continuing nature, the fine may be ount equal to $50.00 for

each day that the infraction continues an hall be no limit on the
aggregate amount of such fines. ~~
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48

(d) Payment of Penalties: Fines shall be paid not later than five (5) days after
notice of the imposition or Assessment of the penalties.
(e) Collection of Pines: Fines shall be treated as an Assessment subject to the

provisions :(or the ~ollection of Assessments as set forth herein.
(f) Application of Proceeds: All monies received from fines shall be

allocated as directed by the Board of Directors.
Non-exclusive Remedy: These fines shall not be construed to be

exclusive, and shall exist in addition to all other rights and remedies to
which the Association may be otherwise . legally entitled; provided,
(""h O however, any penalty paid by the offending Lot Owner shall be deducted
'\c;;
(n\ from or offset against any damages which the Association may otherwise
~ v be entitled to recover by law from such Lot Owner.
ve.o ARTICLE 10.
~
INSURANCE
10.1. rties. The Association shall keep all ity provements, facilities and
e ·thin the Common Properties, insured against loss or damage by
fire or oill ~ t y for the full insurable replacement value thereof (with
reasonable d u les and normal exclusions for land, excavation costs and
similar matte ~ may obtain insurance against such other hazards an:d
casualties as th(Q\ss"ociation may deem desirable including, without limitation
(but without the o ~ rn to procure the same) flood and/or hurricane insurance.
The Association o insure any other property, whether real or personal,
owned or maintaine y the Association, against loss or damage by fire and such
other hazards as the As ·a ·on may deem desirable, with the Association as the
owner and beneficiary --~·---· insurance for and on behalf of itself and all
Members. The insuranc ~ rage shall be written in the name of, and the
proceeds thereof shall be p,uJ:t~.._..u,,, the Association. Insurance proceeds shall be .
used by the Association fir fo repair or replacement of the property for
which the insurance was carrie ~ 111 ~ 1tfi.>t"e,after, if any insurance proceeds remain,
for any purpose determined by ~ f Directors, in its sole and absolute
discretion. Premiums for all ins c ·ed by the Association are common
expenses included in the Assessmen e by the Associatjon.
~ '
To the extent obtainable at reasonable'i.0!~...>.~1,e insurance policy(ies) maintained

by the Association shall contain provisio ~ accompanied by endorsements,
for: agreed amount and inflation guard, de 1tion costs, contingent liability from
operation of buildit_1g la~s and increased costs~truction.
All insurance policies shall contain standard m clauses, if

applicable. ~
. ~
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Declaration
49

10.2. Replacement or Repair of Property. In the event of damage to or destruction of
any portion of the properties insured by the Association, the Association shall
repair or replace the same from the insurance proceeds available, subject to the
provisions of Article 11 of this Declaration. ·
10.3. Waiver of Subrogation. As to each policy of insurance maintained by the

Association which will not be voided or impaired thereby, the Association hereby
waives and releases all claims· against the Board of Directors, the Members,
eclarant and the agents and employees of each of the foregoing, with respect to
loss covered by such insurance, whether or not caused by negligence of or
ach of any agreement by said persons, but only to the extent that insurance
ce5ds are received in compensation for such loss.
and Other Insurance. The Association shall have the power to and shall
v1'1iAtt-1TV
comprehensive public liability insurance, including medical payments and

m lsio @ischief, with coverage of at least $1,000,000.00. (if available at
reas rates and upon reasonable terms) for any single occurrence, insuring
again ity for bodily injury, death and property damage arising from the
activit1 f the Association or with respect to the Common Properties (but not the
Lots), inc~, if obtainable, a cross liability endorsement insuring each
Member a i liability to each other Member and to the Association and vice
versa and § f o r legal liability resulting from lawsuits related to
employment s shall also be maintained. The Association may also obtain
Worker's Compe · n insurance and other liability insurance as it may deem
desirable, insuri each Member and the Association and its Board of Directors
and . officers, from~ity in connection with the Common Properties, the
premiums for whic be Common Expenses and included in the Assessments
made against the em~The · Association may also obtain such other
insurance as the Board rectors deems appropriate. All insµrance policies
shall be reviewed at p · · ly by the Board of Directors and the limits
increased in its discretion.
:n,e B".anl of Director.: m a ~ .tam sue? errors ·and ~missions ins'!'"""",

!nde~ty bonds, fideb~ i;;;~oother ms~ance as 1t deems advisable,
msunng the Board of D1rector~anagement company· engaged by the
Association against any liability t or omission in carrying out their
obligations hereunder, or resultin their membership on the Board of
Directors or any committee thereof. minimum, however, there shall be
· blanket fidelity bonding of anyone ~IJHl~•s ed or not) who handles or is
responsible for funds held or admin y the Association, with the
Association to be an obligee thereunder. bonding shall be in an amount of at
least $500,000 or a greater amount if establish~the Board of Directors.
10.5. Insurance for Homes. Each Lot Owner shall b~red to obtain and maintain
adequate insurance of their Home. Such i ~ s h a l l be sufficient for·
necessary repair or reconstruction work, and/or s the costs to demolish a ·
damaged Home as applicable, remove the debri ~ ~ o d and landscape the
ftl-m01\MCCAWLBYD\341302vl6\wd9ml6_.DOC\7/15/04\14449.020600 ~
Declaration
50 ·

land comprising the Home and Lot. Upon the request of Association, each Lot
Owner shall be required to supply the Board of Directors with evidence of
insurance coverage on their Home which complies with the provisions of this
Section. Without limiting any other provision of this Declaration or the powers of
. Association, Association shall specifically have the right to bring an action to
require a Lot Owner to comply with their obligations hereunder.
ARTICLE 11.
AMAGE OR DESTRUCTION TO INSURED PROPERTIES
iutl . Damage to or destruction of all or any portion of the properties insured

thr,. Association (the "Insured Properties") shall be handled in the following
ier, notwithstanding any provision in this Declaration to the contrary:
~ ! n the event of damage to or d;struction of the Insured Pr~perties, if the

J,Bl@ance proceeds are sufficient to effect total restoration, then the
'2-::~~iation shall cause such portions of the Insured Properties to be
~~ed and reconstructed substantially as it previously existed.
(b} If ·nsurance proceeds are witltln Five Hundred Thousand Dollars

($....v~, .... ~av.00) or less of being sufficient to effect total restoration of the
Ins•W-Q,..._u-,-erties, then the Association shall cause such portions of the
Insur ~rties to be repaired and reconstructed substantially as it
previous · ted and the difference between the insurance proceeds and
the actua ost shall be levied as a capital improvement assessment against
each of the ~ e rs in equal shares.
(c) If the insur~~ or<roceeds are insufficient by more than Five Hundred
Thousand Doll 0,000.00) to effect total restoration of the Insured
Properties, then · en consent or vote of a majority of each class of
the Members, they detennine, whether (1) to _rebuild and restore the
Insured Properties 1 tially the same manner as they existed prior
to damage and to rais th essary funds o_ver the insurance proceeds by
levying capital impro ;1Jl~ Q,sessments against all Members, (2) to
rebuild and· restore in a 'way_)_ is less expensive"than replacing the
Insured Properties in subs 1a e same manner as they existe~. prior
to being damaged, or (3) su · the approval of the Board of Directors,
to not rebuild and to retain the,<Tv,,.,.,..,.ble insurance proceeds. Anything to
the contrary herein notwithSWH!19f!~.n decision not to rebuild or to
rebuild in a manner which w t in a change in the Insured
Properties shall be effective witho the written approval of the Board of
Directors and the ACC, either of w~an require rebuilding as they
deem appropriate. ~~
(d) Each Member shall be liable to the A s ~ ~ n for any damage to the
Insur~d Properties not fully covere~ by·co ·nsur~ce which may be
sustained by reason of the negligence o~-~II misconduct of 1any
ftl-on01\MCCAWLEYD\341302vl6\wd9m16_.DOC\7/IS/04\l4449.020600 ~
Declaration
51
- ....... ,. ~ . .. .-

Member or their Member's Permittees. Notwithstanding the foregoing, the
Association reserves the right to charge such Member an assessment equal
to the increase, if any, in the insurance premium directly attributable to the
damage caused by such Member. In the case of joint ownership of a
Lot/Home, the liability of such Membc;r shall be joint and several. The
cost of correcting such damage . shall be an Assessment against the
Member and may be collected as provided herein for the collection of
Assessments.
ual to a Home. In the event that any Home is destroyed by fire or other
ualty, the Lot Owner of such Home shall do one of the following: the Lot
~ shall commence reconstruction and/or repair of the Home ("Required
~--_r--·r 1) , or Lot Owner shall tear the Home down, remove all the. debris, and
~~d landscape the property compri_sing .the Home as required by the ACC
~ired Demolition"). If a Lot Owner elects to perform the Required Repair,
suc~wo fnust be commenced within thirty (30) days of the Lot Owner's receipt
of · ce proceeds respecting such Home. If a Lot Owner elects to
perfo Required Demolition, the Required Demolition must be completed
within -~6)onths from the date of the casualty or such longer period of time
establish e Board of Directors in its sole and absolute discretion. If a Lot
Owner ele mrfonn the Required Repair, such reconstruction and/or repair
must be con a continuous, diligent, and timely manner. Association shall
have the right ~ - the progress of all reconstruction and/or repair work.. Lot
Owners of Ho e arated by party walls shall not be required to perform the
Required Demob 1 0 ~t,all Lot Owners of damaged or destroyed Homes with
party walls shall the Required Repair with respect to such Homes.
Without limiting other provision of this Declaration or the powers of
Association, Associatio~ have a right to bring an action against a Lot Owner
who fails to comply ~~e foregoing requirements. By way of example,
Association may bring an · against a Lot Owner who fails to either perform
the Required Repair or ~~te<J. Demolition on their Home within the time
periods and in the manner ....'"'_.erein. Each Lot Owner acknowledges that
the issuance ·of a building pe""""•Y\~r ~ demolition permit in no way shall be
deemed to satisfy the requireme--.. . ~-- herein, which are independent of, and
in addition to, any requirements J.Y-1,.~Y....._.,.,f~ion of work or progress requirements
set forth in applicable statutes, zon , ~ s , and/or building codes.
11.3. Standard of Work for Home Cas t~ The standard for all demolitiori,
reconstruction, and other work performe ired by this Section shall be in
accordance with the Community Standar~- any other standards established by
Association with. respect to any casualty th affects all or a portion of The Oaks.
11 .4. Additional Ri hts of Association for Home . If a Lot Owner refuses or

fails, for any reason, to perform the Required a· or Required Demolition as
herein provided, then Association, in its sole ~ ~ u t e discretion, by and
through its Board is hereby irrevocably authoriz~ Lot Owner to perform
fll-orv01\MCCAWLEYD\3,Cl302vt6\wd9ml6_.DOC\711SJU4\14449.020600 ~
Declaration
52
.-·. ·: : · .. . ·.·

the Required Repair or Required Demolition. All Required Repair performed by
Association pursuant to this Section shall be in conformance with the original
plans and specifications for the Home. Association shall have the absolute right
to perform the Required Demolition to a Home pursuant to this Section if any
contractor certifies in writing to Association that such Home cannot be rebuilt or
repaired. The Board of Directors may levy an Assessment against the Lot Owner
in whatever amount sufficient to adequately pay for Required Repair or Required
emolition performed by Association.
ociation Has No Liabili for Home Casualt . Notwithstanding anything to

e contrary in this Section, Association, its directors and officers and Declarant
1 ~ot be liable to any Lot Owner should a Lot Owner fail (or any reason
soever to obtain insurance coverage on a Home. Moreover, Association, its
'\H"r-Pdtnrs, and officers and Declarant shall not be liable to any person if
c1ation does not enforce the rights given to Association in this Section.
~O ARTICLE 12.
~ MORTGAGEE PROTECTION
The following p ~ n s are added hereto (and to the extent these added provisions
conflict with any other p r ~ of the Declaration, these added provisions shall control):
(a) The .PJ~·on shall be required to make available to all Lot Owners and
Mortgag ers, and to insurers and guarantors of any first mortgage,
for inspe ·on, upon request, during normal business hours or under other
reasonable ~stances, current copies of this Declaration (with all
amendmen~ the Articles, By Laws and rules and regulations and the
books and records the Association. Furthermore, such persons shall be
entitled, upon · request, to (I) receive a copy of the Association's
financial statemehl=:ttil::tJie immediately preceding fiscal year, (ii) receive
-,-,-:_ ,.,,,..._.Association meetings, (iii) receive notice from
the Association of =.,.....w..i:...,d default by a Lot Owner in the performance
of such Lot Owner's b · 06 under this Declaration, the Articles of
Incorporation or the B ~ of the Association, which default is not
cured within thirty (30} &;y~~e Association learns of such default,
and (iv) receive notice of s tial damage or loss to the Common
Properties. ;
•
~
~ J
(b} Any holder, insurer or guaranto o age on a Lot shall have, if first
requested in writing, the righ t · ely written notice of (i) any
condemnation or casualty loss affe g a material portion of the Common
Properties, (ii) a sixty (60) day de~ncy in the payment of the
Assessments on a mortgaged Lot, · · e occurrence of a lapse,
cancellation or material modification 0£ y nsurance policy or fidelity
bon~ maintained by·the Ass~ciation, a n ~ ~ proposed action which
requires the consent of a specified numb~gage Lenders. ·
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Declaration
53
'• •.· ,

(c) Unless at least 66-2/3% of first mortgagees·(based upon one vote for each
mortgage owned), and the Members holding afleast two-thirds (2/3) of the
votes entitled to be cast by them, have given their prior written approval,
neither the Association nor the Lot Owners shall:
(i) by act or omission seek to sell or transfer the Common Properties

and any improvements . thereon which are owned by the
Association (the granting of easements for utilities or for other
such purposes consistent with the intended use of such property by
the Association or the Declarant or the transfer of the Common
Properties to another similar association of the Lot Owners in
accordance with the Articles of Incorporation of the Association or
dedication of such property to the public shall not be deemed a
transfer within the meaning of this clause);
change the basic method of determining the obligations,

Assessments, dues or other charges which may be levied against a
Lot, except as provided herein with respect to future Lots;
(ii~")y act or omission, waive or abandon any scheme of regulations,

enforcement thereof, pertaining to the architectural design or the
~ o r appearance of The Oaks except as ~ay be permitted by
(iv) f~aintain fire and extended insurance on insurable portions

of t h ~ o n Properties as provided herein; or
(v) use ~ d insurance proceeds for losses to any Common

Properti$jther than the repair, replacement or reconstruction
of the i ents until such replacement or reconstruction of
the improv as been completed.
Jl....,.l)J.JCV13.
:W:SIONS
13 .1. Duration. The povenants and re:SJXl:CJJ:O.ni.. Qf this Declaration shall run with and
bind The Oaks, and shall inure oenefit of and be enforceable by the
Declarant, the A~sociation, the ACC Lot Owner of any land subject to this
U,l!<;l..,-&ll:l\,\
Declaration, and their respective le ~esentatives, heirs, successors and

.assigns, for a term of ninety-nine (99) m the date this Declaration is
recorded, after which time said cove all be automatically extended for
successive periods of ten (10) years each wiles instrument signed by the then
Lot Owners of 75% of all the Lots subject e and 100% of the mortgagees
thereof has been recorded, agreeing to revo · covenants and restrictions;
provided, h<:>wever, that no such agreement to ev. e (unless consented to by
.· 100% of the Lot Owners) shall be effective u n l ~ e and recorded three (3).
years in advance .of the effective date of such re 10 , d unless written notice
ft~sn,Oi\MCCAWU!YD\341l02vi6\wd9mi6_.DOC17/JS/04114449,020600
Declaration
54
. ----_-, -. ' .

of the proposed agreement is sent to every Lot Owner at least ninety (90) days in
advance of any signatures being obtained. ·
13.2. Notice. Any notice required to be sent to any Member or Lot Owner under the
provisions of this Declaration shall be deemed to. have been properly sent when
personally delivered or mailed, postage prepaid, to the last known address of the
person who appears as Member or Lot Owner on the records of the Association at
the time of such mailing.
orcement. Enforcement of these covenants and restrictions shall be

mplished by any proceeding at law or in equity against any person or persons
lating or attempting to violate any covenant or restriction, either to restrain .
1 fi6n or to recover damages, and against the Lots to enforce any lien created
se covenants; and failure to enforce any covenant or restriction herein
ed shall in no event be· deemed a waiver of the right to do so thereafter.
'ijng party in any action to enforce these covenants shall be entitled to
rece the nonprevailing party or parties, all attorneys' and paralegals' fees
and ts actually incurred by the prevailing party, including those for any
appe
13.4. Severabih . alidation of any one of these covenants or restrictions or any

part, clause .~ ·
d hereof, or the application thereof in specific circumstances,
by judgment c order shall not affect any other prbvisions or applications in
other circums ~ of which shall remain in full force and effect.
13.5. Ratification. Each1f!wner, by reason of having acquired ownership (whether

by purchase, gift, · n of law or otherwise), and each occupant of a Home,
by reason of occup cy, shall be deemed to have acknowledged and agreed
(i) that all of the provis· this Declaration, and the Articles and By Laws of
the Association, and apt!~~.;~~ les and regulations, are fair and reasonable in all
material respects, and (ii) t omatically consent to any rezoning, replatting,
creation of a special taxin · t, covenant in lieu of unity of title, change,
addition or deletion made i on o The Oaks by the Declarant and in such
regard, · each Lot Owner, or f~&t.t of a Home, hereby designates tµe
Association to act as agent and~~9·-fact on behalf of the Lot Owner to
consent Jo any such rezoning, r 1 , reation of a special taxing district;
covenant in lieu of unity of title, c , addition or deletion. If requested. by the.
Declarant, each Lot Owner shall evi eir consent to a rezoning, replatting,.
creation of a special taxing district, t · lieu of unity of title, change,
addition or deletion in writing (provide o r, that the refusal to give· such
written consent shall not obviate the auto ·c effect of this provision).
13.6. Amendment. In addition to any other manne@ provided for the amendment
of this Declaration, the covenants, restrictions, ~ents, charges and liens of
this Declaration may be amended, changed, del~added to at any time and
from time to time, in whole or in part, upon the e n and recordation of an
instrument executed by the Declarant alone, for 'tor its affiliates holds
ftl-m-Ol\MCCAWLEYD\3 ◄ 1302vl6\wd9ml6_DOC\7/IS/04\1 ◄449.020600
Declaration
55

title to any Lot; or, alternatively by approval at a meeting of Lot Owners holding
not less than 66-2/3% vote of the entire membership in the Association (as
opposed to only those Members represented at a meeting of the Association);
provided, however, that so long as the Declarant or its affiliates is the Lot Owner
of any Lot affected by this Declaration, the Declarant's consent must be obtained
if such amendment, in the sole opinion of the Declarant, affects its interest. Such
amendments may include, without limitation,· the creation of easements for
Community Systems, including, without limitation, Telecommunications
stems, utility, drainage, ingress and egress and roof overhangs over any portion
e Oaks, additions or deletions from the -properties comprising the Common
operties; changes in the Rules and Regulations, modifications of restrictions on
J-f9mes, and maintenance s~dards for landscaping. Declarant's right to
-·Y"'•nd under this provision is to be construed as broadly as possible.
tanding the foregoing, no provision of this Declaration may be amended
i provision is required to be included herein by any code, ordinance, law or
statu!i.e p)alm Beach County, Florida. The foregoing sentence may not be
ame
13.7. Effecti Dat . This Declaration shall become effective upon its recordation in
the Publi~.......,,~ds of the County.
13.8. Conflict. Imuiie-1~n•t of conflict among the powers and duties of the Association
""..~i~w·ions of this Declaration and the exhibits attached hereto or
otherwise, this aration shall take precedence over the Articles of
Incorporation, Laws and applicable rules and regulations; the Articles of
incorporation shall~recedence over the By Laws and applicable rules and
regulations; and th~Laws shall take precedence over applicable rules and
,. regulations, all as amend om time to time. ·
13.9. Standards for Consent Other Action and Inte retation.

Whenever this Declarati II require the consent, approval, completion,
substantial completion, or ction by .the Declarant or its affiliates, the
Association or the ACC, sue c t,dpproval or action may be withheld in the
reasonable discretion of the p t!¥~ested to give such consent or approval or
take such action, and- all mattet'S~ d to be completed or substatitially
completed by the Declarant or its · 1 i r the Association shall be ;deemed so
· completed or substantially complet......,....... such matters. have been co~pleted or <VH
substantially completed in the re~ona nion of the Declarant or Association,

----~-~·:-.:.--e.ted by the · Board of Directors
as appropriate. This Declaration shal........._,._.......,
and an opinion of counsel to the Assv..,.,...~,.. rendered in good faith that a
particular interpretation is not shall conclusively ·establish the
validity of such_ interpretation. ~
13.10. Easements. Should the intended creation of e ment provided for in this
Declaration fail by reason of the fact that at the · creation there may be no
· grantee in being having the capacity to take <U..1,.v-u-...u ch easement, then -any ·
such grant of easement deemed not to have beenNSo~~~ shall nevertheless be
111-wvO l'MCCAWLEYD\l• I 302vl 6\wd9m16_.llOC'l7/l 5/0411«49.020600
Declaration
56
. . .. ..... , .., .. '• :-·- ,,. ...... , ...... -- . •·•

considered as having been granted directly to the Association as agent for such
intended grantees for the purpose of allowing the original party or parties to
whom the easements were originally intended to have been granted the benefit of
such easement and the Lot Owners designate hereby the Declarant and the
Association (or either of them) as their lawful attorney-in-fact to execute any
instrument on such Lot Owners' behalf as may hereafter be required or deemed
necessary for the purpose of later creating such easement as it was intended to
ve been created herein. Formal language of grant or reservation with respect to
ch easements, as appropriate, is hereby incorporated in the easement provisions
of to the extent not so recited in some or all of such provisions.
ns ction Activities. ALL OWNERS, OCCUPANTS AND USERS OF THE

ARE HEREBY PLACED ON NOTICE THAT DECLARANT AND/OR
~L""LC.....,
GENTS, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND

R DESIGNEES MAY BE, FROM TIME TO TIME, CONDUCTING
EXCii'tlON, .CONSTRUCTION AND OTHER ACTNITIES WITHIN OR
IN , ITY TO THE OAKS. EACH OWNER, OCCUPANT AND USER
OF KS AUTOMATICALLY ACKNOWLEDGES, STIPULATES AND
AGRE (i) HAT NONE OF THE AFORESAID ACTIVITIES SHALL BE
DEEME SANCES OR NOXIOUS OR OFFENSNE ACTIVITIES,
HERE n.,TTI\
........,TC'~.v-- R AT LAW GENERALLY, (ii) NOT TO ENTER UPON, OR
ALLOW CHILDREN OR OTHER PERSONS UNO.ER THEIR
WHETHER S
PROPERTY
ACTIVITY IS B
CONDUCTED A
mR
CONTROL ECTION TO ENTER UPON (REGARDLESS OF
·
ENTRY IS A TRESPASS OR OTHERWISE) ANY
IN PROXIMITY TO THE OAKS WHERE SUCH
_ONDUCTED (EVEN IF NOT BEING ACTIVELY
E TIME OF ENTRY, SUCH AS AT NIGHT OR
· OTHERWISE DURIN.._.,-,.,'"'NWORKING HOURS}, (iii) DECLARANT AND
THE OTHER AFORE RELATED PARTIES SHALL NOT BE LIABLE
FOR ANY AND &) OSSES, DAMAGES (COMPENSATORY,
CONSEQUENTIAL, P OR OTHERWISE), INJURIES OR DEATHS
ARISING FROM OR '""'._~ TO THE AFORESAID ACTIVITIES,
(iv)ANY PURCHASE OR Fcf,.NY PORTION OF THE OAKS HAS
BEEN AND WILL BE M~..,,,,, ITH FULL KNOWLEDGE OF THE
FOREGOING AND (v) THIS Pi.~~ EDGMENT AND .AGREEMENT IS
A MATERIAL INDUCEMENT~CLARANT TO SELL, CONVEY,
. LEASE AND/OR ALLOW THE THE APPLICABLE PORTION OF
THE OAKS. .
5·
13.12. Notices and Disclaimers as to Comm ems. Declarant, the Association,
or their successors, assigns or franchisees daapplicable CoIIimunity Systems
operator (an "Operator11) , may enter into co c for the provision of security
services and those other utility services and cation Services referred
in Section 1.10 through any Community te . DECLARANT, THE
ASSOCIATION, OPERATORS AND THEI CHISEES, AND ANY
OPERATOR, DO NOT GUARANTEE OR T, . EXPRESSLY OR
l\l-on<JI\MCCAWLEYD\341l02vl61wd9mt6_.DOC\_7/lm4\l~9.020600 . . ~
Declaration
57
·:··.

IMPLIEDLY, TIIE MERCHANTABILITY OR FITNESS FOR USE OF ANY
SUCH SECURITY OR MONITORING SYSTEM OR SERVICES, OR THAT
ANY SYSTEM OR SERVICES WILL PREVENT INTRUSIONS, FIRES OR
OTHER OCCURRENCES, OR THE CONSEQUENCES OF SUCH
OCCURRENCES, REGARDLESS OF WHETHER OR NOT THE SYSTEM OR
SERVICES ARE DESIGNED TO MONITOR SAME; AND EVERY LOT
OWNER OR OCCUPANT OF PROPERTY SERVICED BY THE
COMMUNITY SYSTEMS ACKNOWLEDGES THAT DECLARANT, THE
SOCIATION OR ANY SUCCESSOR, ASSIGN OR FRANCHISEE OF THE
LARANT OR ANY OF THE OTHER AFORESAID ENTITIES AND ANY.
ERATOR, ARE NOT INSURERS OF TIIE OWNER OR OCCUPANTS
O~RTY OR OF THE PROPERTY OF OTHERS LOCATED ON TIIE
SES AND WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSSES,
ES OR DEATHS RESULTING FROM SUCH OCCURRENCES. It is
ely difficult and impractical to determine the actual damages, if any; which
may pr~~ely result from a failure on the part of an Operator to perform any of
its ~~~·o ons with respect to security services, utility services and
Telec ·cation Services and, therefore, every owner or occupant of property
receivin se ·ty services, utility services and Telecommunication Services
through x;-En:ninunity Systems agrees that Declarant, the Association or any
~~~'-.-:or franchisee thereof and any Operator assumes no liability for
loss or dam o roperty or for personal injury or death to persons due to any
reason, inclu · ~ o u t limitation, failure in transmission of an alarm,
interruption of s service or failure to respond to an alarm because of (a) any
failure of the o~ner's security system, (b) any defective or damaged
equipment, device r circuit, (c) negligence, active or otherwise, of the
security service pro er or its officers, agents or employees, or (d) fire, flood,
riot, war, act of God o r ~ similar causes which are beyond the control of the
security service provide~_S
~ .
Every owner or occupant 'l.~w~r:,,.ierty obtaining security services, utility services

and Telecommunication Se · r ugh the Community Systems further agrees
for themselves, their grantees ~ guests, invitees, licensees, and family
members that if any loss or d.am~~iQuld result from· a failure of performance or
operation, or from defective ~~~ip\{1e or operation, or from improper
installation, monitoring or serv1 ~_0 the Community System, or from
injury or death sustained shall be limite

e
negligence, active or otherwise, ~ 1~pperator or its officers, agents, or
employees, the liability, if any, of D~~t, the Association, any franchisee of
the foregoing and the Operator or their or assigns, for loss, damage,
sum not exceeding Two Hundred
Fifty and No/100 ($250.00) U.S. Dollars, ich limitation shall apply irrespective
of the cause or origin of the loss or damage ~·thstanding that the loss or
damage results directly or indirectly from · nt performance, active or
otherwise, or non-performance by Declarant fficer, agent or employee
thereof, the Association or any franchisee, succe~esign of any of same or
. any Operator. Further, in no event will Declar~sociation, any Operator
ftl-l...OIIMCCAWU!YD\14ll02vl6\wd'lm16_.DOC\7/IS/04\1#49.020600 • ~ •
Declaration
58

or any of their franchisees, successors or assigns, be liable for consequential
damages, wrongful death, personal injury, commercial loss or punitive damages.
In recognition of the fact that interruptions in cable television, other Community

Systems and the entry gate systems will occur from time to time, no person or
entity described above shall in any manner be liable, and no user of any
Community System shall be entitled to any refund, rebate, discount or offset in
applicable fees, for any interruption in Community Systems services, regardless
whether or not same is caused by reasons within the control of the
-provider(s) of such services. ·
tices and Disclaimers as to Water Bodies. NEITHER DECLARANT, THE

~ ..o..,....-IATION NOR ANY OF THEIR OFFICERS, DIRECTORS,
,~Y11~.1ITTEE MEMBERS, EMPLOYEES, MANAGEMENT AGENTS,
CTORS OR SUBCONTRACTORS (COLLECTIVELY, . THE
"r.:; H<J>ARTIES") SHALL BE LIABLE OR RESPONSIBLE FOR
MA ING OR ASSURING THE SAFETY, USE, WATER QUALITY,
. FIS ITY OR WATER LEVEL OF/IN ANY LAKE, POND, CANAL,
CREE TREAM OR OTHER WATER BODY WITHIN OR NEAR THE
PROPERTI EXCEPT AS SUCH RESPONSIBILITY MAY BE
SPECIFI,..,;,_IL:_~.,.'~~=IMPOSED BY, OR CONTRACTED FOR WITH, AN
APPLIC~_.,..,., VERNMENTAL OR QUASI-GOVERNMENTAL AGENCY
OR AUTHO T URTHER, NONE OF THE LISTED PARTIES SHALL BE
LIABLE FOR OPERTY DAMAGE, PERSONAL INJURY OR DEATH
OCCURRING , OR OTHERWISE RELATED TO, ANY WATER BODY,
ALL PERSONS ~ SAME OR CONSUMING FISH THEREFROM
DOING SO AT T OWN RISK. THE USE OF WATER BODIES AND
LAKES SHALL NO B E RESPONSIBILITY OF THE LISTED PARTIES.
ALL OWNERS ANDl)SJ~OF ANY PORTION OF THE PROPERTIES

LOCATED ADJACEN R HAVING A VIEW OF ANY OF THE ·
AFORESAID WATER OR USING ANY WATER BODY SHALL
Ii'-#_.............
BE DEEMED, TO HAVE G_....., TO RELEASE THE LISTED

PARTIES FROM ALL CL M~
ANY AND ALL CHANGES IN THE
QUALITY AND LEVEL OF '\:fm~~ER AND LITERAL ZONE
PLANTINGS IN SUCH BODI . · .
. .
13.14. Certain Reserved Ri ts of Decl,,~•::·:,:h...Res ct to Communit S stems.

Without limiting the generality of "'""'.,-v-""e applicable provisions of this
Declaration, and without such provisions ~ . · e generality hereof, Declarant
hereby reserves and retains to itself: · .
(a) the title to any Community System@ perpetual easement for the
placement and_ location thereof; fC)) .
(b) the right to connect, from time to time, ~ u n i t y Systems to such
receiving or intermediary transmission source~Jl arant may in its sole
_ ar
ftl-...01\MCCAWUlYD\141302vl6\wd9n,16_.DOC17/IS/04\l4449.020600 ~
Declaration ·
59

discretion deem appropriate including, without limitation, Telecommunications
Providers, and other companies licensed to provide CATV, voice, data, phone,
and/or natural gas systems in Palm Beach County, Florida, for which service
Declarant shall have the right to charge any users a reasonable fee (which shall
not exceed any maximum allowable charge provided by any applicable
governmental regulations); and
(c) the right to offer from time to time monitoring/alarm services through the
ommunity Systems.
Neither the Association nor any officer, director, employee, committee

mber or agent (including any management company) thereof shall be liable for
age to property, personal injury or death arising from or connected with
or omission of any of the foregoing during the course of performing any
exercising any right privilege (including, without limitation, performing
mamme@
. mai
work which is the duty of the Association or exercising any remedial.
ce or alteration rights under this Declaration) required or authorized to
be d the Association, or any of the other aforesaid parties, under this
Deel · n or otherwise as required or permitted by law.
T ECLARANT MAY CONTINUE TO CONTROL AND

RECEI ~~NUE FOR THE SYSTEMS DESCRIBED .IN TIDS
SECTION 1 .1 ER CLASS B MEMBERSIDP TERMINATES IN THE
ASSOCIATI~J. ....~r,,i\,.., THE DECLARANT HAS RESIGNED FROM THE
BOARD OF D CTORS. FURTHER, AS SET FORTH IN SECTION 4.16
ABOVE, DEC~T SHALL HAVE THE RIGHT TO RECEIVE
COMJ:>ENSATIO OM THE PROVIDER(S) OF COMMUNITY
SYSTEMS OR P · LI OR PRIVATE UTILITIES FOR PERMITTING
. SAME TO BE LOC IN AND USED AT THE OAKS, INCLUDING,
BUT NOT LIMITE·D-?,,~ TO THE LOT OWNERS, AND SUCH
u~-"',...L BE CONTINUED TO BE PAID TO
COMPENSATION S.1.-":....n.i......
DECLARANT BY S ROVIDER SUBSEQUENT TO ANY
TRANSFER TO THE AS""'''-'1.<:llLLION, THE SALE OF ALL THE LOTS,
OR FOR ANY OTHER E ~O
13.15. Disclaimer of Warranties. TO IMUM EXTENT LAWFUL AND
UNLESS CLEARLY AND AB LY PROHIBITED BY LAW, ALL
IMPLIED WARRANTIES OF FI ~"''"'. FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND H~,,~...... I ITY, ANY WARRANTIES
IMPOSED BY STATUTE AND ALL IMPLIED WARRANTIES OF
ANY KIND OR CHARACTER SPECIFICALLY DISCLAIMED.
DECLARANT HAS NOT GIVEN A~!) O ~ HAS NOT RELIED ON OR
BARGAINED FOR ANY SUCH W~~
AS TO ANY IMPLIED WA CH CANNOT BE

DISCLAIMED ENTIRELY, ALL SECO INCIDENTAL AND
CONSEQUENTIAL DAMAGES ARE SPE Y EXCLUDED AND
fll-llv<ll\MOCAWLBYI>ll4 I302vl6\wd9m 16_.DOC\7/1 S/04\1"'449.020600
Declaration
60

DISCLAIMED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL AND
CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN
THE CASE OF IMPLIED WARRANTIES WHICH ARE DISCLAIMED
ENTIRELY ABOVE).
ALL OWNERS, BY VIRTUE OF THEIR ACCEPTANCE OF TITLE TO_

THEIR }U:SPECTIVE LOTS (WHETHER FROM THE DECLARANT OR
ANOTHER PARTY) SHALL BE DEEMED TO HAVE
UTOMATICALLY WAIVED ALL OF THE AFORESAID DISCLAIMED
ES AND INCIDENTAL AND CONSEQUENTIAL
...,..n.ll'J.LM,.GES.
CbWNERS, BY VIRTUE OF THEIR ACCEPTANCE OF TITLE TO

-~..-.....,,_..."' RESPECTIVE LOTS (WHETHER FROM THE DECLARANT OR
HER PARTY) SHALL BE DEEMED TO HAVE ACCEPTED THE
TY PROPERTIES IN THEIR "AS-IS", "WHERE-IS"
mi
CO
OF
ON "WITH ALL FAULTS". EACH LOT OWNER BY VIRTUE
ACCEPTANCE OF TITLE TO THEIR RESPECTIVE LOTS
ER FROM THE DECLARANT OR ANOTHER PARTY) SHALL
BE DEE~":...--:..=-::....TO ·HAVE EXPRESSLY ACKNOWLEDGED THAT: (I)
NEITHE DECLARANT, THE ASSOCIATION NOR THE BOARD
OF DI...~"" ...,,.~~ HAS MADE AND· DID NOT MAKE ANY
REPRESE _,_ NS OR WARRANTIES, EXPRESSED OR IMPLIED,
WITH RES O THE COMMON PROPERTIES (INCLUDING,
WITHOUT MITATION, WARRANTIES OF HABITABILITY,
MERCHANTAB~ AND/OR FITNESS FOR A PARTICULAR
PURPOSE), - MIGHT BE DEEMED PERTINENT BY ANY.
OWNER IN DETE ~ G TO PURCHASE ANY LOT; (II) NO SUCH
REPRESENTATION O WARRANTIES HAVE BEEN MADE AND
THAT SUCH OWN OT RELYING UPON SAME; AND (III)
NEITHER THE DECL-~"""ti"~, THE ASSOCIATION NOR THE BOARD
OF DIRE€ TORS S-...~~'lo.Ca-T,n~cv'LIABLE FOR OR BOUND IN ANY
. MANNER BY ANY PROn~•~ ~ATEMENTS, REP~SENTATIONS
OR INFORMATION PER=.,,.,,:v.._1nt.,.;r.ll.·no:--i:fTO THE COMMON PROPERTIES
MADE OR FURNISHED B OKER, REAL ESTATE AGENT,
EMPLOYER, SERVANT OR nn,.,......,....,,, ... R PERSON REPRESENTING
T
OR PURPORTING TO·. RE...~ ~ ! ! 4 T THE. DECLARANT, THE·

ASSOCIATION OR THE BOARD RECTORS. .
13.16. Liability of the Association. ~STANDING ANYTHING

CONTAINED HEREIN OR IN THE OF INCORPORATION, Vnc:iEs
BY-LAWS, ANY RULES OR REGµLATI~F THE ASSOCIATION OR
ANY OTHER DOCUMENT GOVE~ OR BINDING THE
ASSOCIATION (COLLECTIVELY, THE "A~ION DOCUMENTS"),
THE ASSOCIATION SHALL NOT BE LI . RESPONSIBLE FOR,
NOR IN ANY MANNER BE DEEMED A G R OR INSURER OF,
IU-an<IIIMCCAWLEYD\341302v16iwd9ml6_.DOC\7/lS~\1#19.020600 ~ .
. Declaration
61

THE HEALTH, SAFETY OR WELFARE OF ANY OWNER, OCCUPANT OR
USER OF ANY PORTION OF THE OAKS, INCLUDING, WITHOUT
LIMITATION, RESIDENTS AND THEIR FAMILIES, GUESTS, INVITEES,
AGENTS, SERVANTS, CONTRACTORS, MEMBERS' PERMITTEES OR
SUBCONTRACTORS OR FOR ANY PROPERTY OF ANY SUCH PERSONS.
13 .17. Waiver of Jwy Trial. The Declarant and each Lot Owner, by reason of having
acquired ownership (whether by purchase, gift, operation of law or otherwise),
d each occupant of a Home, by reason of occupancy, hereby shall be deemed to
:ve knowingly, voluntarily and intentionally waived the right each may have to
al by jury with respect to any litigation based hereon, or arising out of, under
in connection with this Declaration or any document contemplated to be
e tlt'ed (or which may be executed) in connection heremth, or any course of
~~' course of dealing, statements (whether verbal or written) or any actions
~e1Jeclarant, the Lot Owner or any such occupant, with respect to any matter
ansi~g uO of or in any way related to the terms, conditions, liabilities or
obli arising under this Declaration or ~y document contemplated to be
exec which may be executed) in connection therewith.
(a) IT I E EXPRESS INTENT OF THE ASSOCIATION DOCUMENTS

T HE VARIOUS .PROVISIONS THEREOF WHICH ARE
EN \Y.L'~~BLE BY THE ASSOCIATION AND WHICH GOVERN
OR TE THE USES OF THE OAKS HAVE BEEN WRITTEN,
AND BE INTERPRETED AND ENFORCED, FOR THE SOLE
PURPO OF ENHANCING AND MAINTAINING THE
ENJbYME~ THE OAKS AND THE VALUE THEREOF;
(b) THE ASSO~I N IS NOT EMPOWERED, AND HAS NOT BEEN

CREATED, T :r AS AN ENTITY WHICH ENFORCES OR
ENSURES THJ..:,~~p.LIANCE WITH THE LAWS OF THE UNITED
STA'FES, STAT FLORIDA, THE COUNTY, AND/OR ANY
OTHER JURISDI ..............~.- OR THE PREVENTION OF TORTIOUS
ACTIVITIES; AND
(c) ANY PROVISIONS OF OCIATION DOCUMENTS SETTING

FORTH THE USES ,;:;:•,,•~~.r.)DSMENTS WHICH RELATE . TO .
HEALTH, SAFETY AND LFARE SHALL BE INTERPRETED
AND APPLIED ONLY ~ ITATIONS ON THE USES OF
ASSESSMENT FUNDS AN ~--.o.S CREATING A DUTY OF THE
. ASSOCIATION TO PROTE FURTHER THE HEALTH,
SAFETY OR WELFARE ANY PERSON(S), EVEN· IF
ASSESSMENT FUNDS ARE CHOS~ BE USED FOR ANY SUCH
REASON: · ~5:::.
EACH OWNER (BY VIRTUE O ";.,~-;;,~~ ACCEPTANCE OF
TITLE TO THEIR LOT) AND EACH R PERSON HAVING
AN INTEREST IN OR LIEN UPON, G ANY USE OF,
ftl-....01\MCCAWLEYD\341302vl6\wd9m l 6~DOC\7/I 5/04\14449.020600
Declaration
62

ANY PORTION OF THE OAKS (BY VIRTUE OF ACCEPTING
SUCH INTEREST OR LIEN OR MAKING SUCH USES) SHALL
BE BOUND BY TIDS SECTION AND SHALL BE DEEMED TO
HAVE AUTOMATICALLY WAIVED ANY AND ALL RIGHTS,
C~MS, DEMANDS AND CAUSES OF ACTION AGAINST THE
. ASSOCIATION ARISING FROM OR CONNECTED WITH ANY
MATTER FOR WHICH THE LIABILITY OF THE ASSOCIATION
HAS BEEN DISCLAIMED IN THIS SECTION.
AS USED IN TIDS SECTION, "ASSOCIATION" SHALL

INCLUDE WITHIN ITS MEANING ALL OF THE
O ASSOCIATION'S DIRECTORS, OFFICERS, COMMITTEE AND
BOARD MEMBERS, ALL ACC MEMBERS, EMPLOYEES,
~(n\AGENTS, CONTRACTORS (INCLUDING MANAGEMENT
~ v COMPANIES), SUBCONTRACTORS, SUCCESSORS AND
§lGNS. THE PROVISIONS OF THIS SECTION SHALL ALSO
RE TO THE BENEFIT OF THE DECLARANT AND ALL
IES RELATED THERETO, ALL OF WIIlCH SHALL BE
Y PROTECTED HEREBY.
13.18. Interloca c A eement. Lot Owner(s) ARE hereby OBLIGATED to join in

and conse ~ any application, · petition or agreement involving an
Interlocal/Sc~i:emen t supported by Declarant and which will benefit The
Oaks, in Declar ale and reasonable discretion. Lot Owner(s) additionally
acknowledge th school boundaries periodically change within Palm Beach
County and Declar~s not provide any warranty or guaranty to Lot Owner(s)
as to a child's atten~at a specific school for a specific period of time.
13.19. Disclosure of A ricul Plant and Animal Clinic. PORTIONS

OF THE OAKS ARE I. JACENT TO THE CLINT MOORE
ANIMAL HOSPITAL, A VETERINARY CLINIC AND
COMMERCIAL DOG KE ND WHICH HAS OUTDOOR DOG RUNS
AND EXERCISE AREAS, fl AMONG OTHER THINGS COULD
GENERATE NOISE. · EA~~'T OWNER ACKNOWLEDGES AND
AGREES THAT THE USES OlrfJi INT MOORE ANIMAL HOSPITAL
PREDATE THE DEVELOP THE OAKS AND THAT IN
ACQUIRING: THE RESPECTIVE T-1"".,~ACH LOT OWNER HAS HAD AN
OPPORTUNITY TO INSPECT T ITIONS PRESENTED BY THE
USES OF THE CLINT MOORE AOO~~IiQSPITAL AND -KNOWINGLY
AND VO LUNTARILy ACKNOW....;-,_,~•r,,u,~___,TX:,u AND .ACCEPTS SUCH
CONDITIONS, AND WAIVES, RELE ES, . INDEMNIFIES AND .HOLDS
HARMLESS THE DECLARANT AND T SSOCIATION FROM ANY
AND ALL CLAIMS, DEMANDS, LIABI_-...:::~__......_COSTS AND EXPENSES,
INCLUDING BUT NOT LIMITED TO REA ~-"'~ LE ATTORNEYS' FEES
AND COSTS ARISING FROM OR RELATED ......,....J_..,._..,..,H CONDITIONS.
ftl• ■ ~IIMCCAWU!YD\341302vl61wd9ml6_.DOC\7/15/04\1«49.0Z0600
Declaration
63
&
,_. :• ··=·

PORTIONS OF THE OAKS ARE IMMEDIATELY ADJACENT
AND NEAR CERTAIN AGRICULTURAL FACILITIES AND A
PACKING PLANT, THE ACTIVITIES OF THESE FACILITIES,
AMONG OTHER TIDNGS MAY GENERATE NOISE, ODORS
AND TRUCK TRAFFIC. EACH LOT OWNER ACKNOWLEDGES
AND AGREES THAT THESE USES PREDATE THE OAKS AND
THAT, IN ACQUIRING ITS LOTS, EACH LOT OWNER HAS
HAD AN OPPORTUNITY TO INSPECT .THE CONDITIONS
PRESENTED THEREBY AND KNOWINGLY AND
VOLUNTARILY ACKNOWLEDG ES AND ACCEPTS SUCH
CONDITIONS AND WAIVES, RELEASES, INDEMNIFIES AND
HOLDS HARMLESS THE DECLARANT AND THE
0
ASSOCIATION FROM ANY AND ALL CLAIMS, DEMANDS,
~ {()\LIABILITIES, COSTS AND EXPENSES, INCLUDING BUT NOT
~vLIMITED TO REASONABLE ATTORNEYS' FEES AND COSTS
~ I N G FROM OR RELATED TO SUCH CONDmONS.
13.20. Cove unnin With The Land. Anything to the contrary herein
ding and without limiting the generality (and subject to the
ection 13.1 hereof, it is the intention of all parties affected hereby
~p¢tive heirs, personal representatives, successors and assigns) that
these coven•"'nt'""'""""d restrictions, shall run \\i,th the land and with title to The
Oaks. Witho ~ - · the generality of Section 13.4 hereof, if any provision or
application of · laration would prevent this declaration from running with
the land as afo s~aidsuch provision and/or application shall be judicially
modified, if· at all le, to come as close as possible to the intent of such
provision or applica and then be enforced in a manner which will allow these
covenants and restrictio so run with the land; but if such provision and/or
application cannot be dified, such provision and/or application shall be
unenforceable and cons1 ull and void in order that the paramount goal of
the parties affected hereby ese covenants and restrictions run with the land
as aforesaid) be achieved.
13.21. Articles and Bylaws. Attach ~~&> as Exhibit "A" and Exhlb~t "B" are :the
Articl,es of Incorporation and ~~ectivel y, of the Association and the
Articles and Bylaws may be m'iijtit~111 whole or in part, at any time; in
accordance with the terms there~~out the necessity of recording ·an
amendment hereto in the public recor~~ .
13.22. Indemnification. The Association shall ~ndemnify and hold harmless all
Board Members and ACC Members ~~d against all claims, demand,
liabilities and expenses (including costs an~ey fees) in connection with
such Board Members or ACC Members ~~ance of their official duties,
except for their willful misconduct or gross negl~.
111-tMl IIMCCAWLBYDIH ll02vl6\wd9m 16_.DOC\7/15/04\1#49.020600
Declaration
64
~
·····-- -··· .- -----·· ' .. ····- - - -
ARTICLE 14.
ADDITIONAL RIGHTS OF DECLARANT
14.1. Sales Office. For so long as the Declarant, ot its nominee(s), owns any property
in The Oaks or affected by this Declaration or maintain one or more offices for
sales, construction and/or management purposes, the Declarant, or its nominee(s),
shall have the right to take such action reasonably necessary to trans~ct any
business necessary to consummate the development and sale of Lots and/or other
operties owned by Declarant or its nominee(s). This right shall include, but not
imited to, the right to maintain models, sales offices and parking associated
rewith, have signs on any portion of The Oaks; including Common Properties,
pl~ees in the models and offices, use of the Common Properties and to show
~ f t y . The sales office and signs and all items pertaining to development and
~ m a i n the property of the Declarant, or its nominees.
14.2. Promoti Events. Declarant and its nominees shall have the. right to hold
,-..,~·-o--..::and promotional events within the Property and/or on the Common
...........,,,..·thout any charge for use. Declarant or its nominees, agents,
, or assignees shall have the right to market The Oaks in advertisements
and other_.y....-~ by making reference to The Oaks, including, but not limited to,
logos an 1 es of drawings of The Oaks, Common Properties, and Homes
constructed · Oaks.
14.3. Modification. evelopment and marketing of The Oaks will continue as

deemed approp e in Declarant's sole discretion, and nothing in this Declaration
or Community S ~ or otherwise, shall be construed to limit or restrict such
development and ting. It may be necessary or convenient for the
development of Toe
modify the boundary Ii
akao,
as an example and not a limitation, amend the Plat,
the Common Properties, expand the boundaries of
the planned unit develo ant easements, dedications, agreements, licenses,
restrictions, reservations, nr,...,,n,.,nts, rights-of-way, and· to take such other actions
which Declarant, or their a.J.«;..En;;,.;~ffiliates, or designees may deem necessary or
appropriate. All Lot Owners u ically consent to any such change, addition
or deletion thereafter made by ~~frarant and shall evidence such consent in
writing if requested to do so by t't(rD~~tat any time (provided, however, that
the refusal to give such written e 1 not obviate the general automatic
effect of this provision).
14.4. Use by Prospective Purchasers. Either~orer Class B Membership exists,

Declarant shall have the right, without show and/or use the Common
Properties and Membership Amenities y) for the purpose of entertaining
prospective purchasers of Homes, or other p ~ ·s owned by Declarant outside
of The Oaks. Notwithstanding what is othe se ovided herein, this right shall
continue for so long as Declarant is marketing ~ r Lots for sale.
fll-llMll\MCCAy.rLEYD\34 ll02vl6\wd9rn 16_.DOC\7/l 5/04\14449.020600
Declaration
65
~
14.5. Franchises. Declarant may grant franchises or concessions to commercial
concerns on all or part of the Common Properties and shall be entitled to all
income derived therefrom.
EXECUTED as of the date first above written. .
Witnessed by: THE OAKS AT BOCA RATON VENTURE,

L.P., a Florida limited partnership
By: THEOAKSATBOCARA TON

DEVELOPMENT, LLC, a Florida limited
liability company, its genera partner
By:.L.:.~~.L::..!......::~-. eL..---==~
Kenneth Endelson, Manager
Address: 1000 Clint Moore Road

Suite 110
Boca Raton, FL 33487
ft~1r,,()JIMCCAWLEYD\341l02vl61wd9m16_.DOC\7/15/04\14449.020600
Declaration
66
·, . . ... ·,;;. ' .. . ......... -· ·-· - .... -,.,.- -~•-,;, .......,,, .. ..

.. ...........,--··" •··---
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
· The foregoing instrument was acknowledged before me, this n d day of y 5 T. 2 _,4.µ~
2004, by Kenneth Endelson, as Manager of The Oaks at Boca Raton Development:LLC, a
Florida limi liability company, as general partner of The Oaks at Boca Rato L.P., a
Florida limi artnershiP., on behalf of the limited partnership. He i rsonall known to me
or has ...u...,-....✓,,. ~~,.,___,_-1....1r=-->-~-- --- as identification.
Notary Public, State of Florida

Commission No.: ~ ,~'-\"U..\
NANCY E. O'BRIEN
. ~o (Notarial Seal) 4-
I
Notary Public - stats ot FDlda

• • MyCammlllal ei;ta!lpZJ, ZIDII
commlulon I DD 1~221 ·
STATE OF FLORID~ ) Bonded By Natlonll Notary Aun.
~ )SS:
COUNTYOFPALM B~ )
The foregoing ins e as acknowledged before me, this day of S-- ~

·2004, by Edward D. Popkin, ager of The Oaks at Boca Raton Development, LLC, a
Florida limited liability comp
or has produced . *
as general partner of Toe Oaks at Boca Raton enture, L.P ., a
Florida limited partnershiprn b e ~ the limited partnership. He is pe ___ own to me
f '().,. as identification.
. ~~~
My C~\ssion Expires:
°'
7..1 i)'-# (
,
sion No.: \ ~~"2.."2...\
Seal) .
~ '
NANCY e. O'IRIIN
Nolaly Public - stala d Flarlda
• My~E,;na91pZ3,3XII
• Comml11lon I DD 1~221
Bonded By NallonlJ Notary Aun.
ft~an-01\MCCA WLEYD\34 I l02v I 6\wd9m 16_.DOC\7/I S~\14449.020600
Declaration
67

JOINDER AND CONSENT
CITY NATIONAL BANK OF FLORIDA, a banking corporation authori:zed to do

business in Florida, as Mortgagee under that certain Mortgage and Security Agreement recorded
11
in Official Records Book 12585, at Page 685 (as modified, collectively, the Mortgage"), all of
the Public Records of Palm Beach County, Florida, hereby joins in and consents to the execution
and recordation of the aforesaid Amended and Restated Declaration .of Covenants and
Restricti for The Oaks at Boca Raton ("Declaration") and hereby agrees that.the lien and
operatio e Mortgage shall be subordinate to the terms and conditions of the Declaration.
This er d Consent shall not be construed as a limitation on the operation or effect of the
Mortg e e consent of Mortgagee to any action which may be taken by any party to the
Declara ~~ action otherwise would require the approval of Mortgagee pursuant to the
Mortgage ~eclaration. . ·
~
Witnesses
ve. o
. CITY NATIONAL BANK OF FLORIDA, a
banking corporation authorized to do business in
::,rida ,ry,(/JJA-~
~eghen,
as &ce~~;e Vice President
..::J:,n✓:r~r
fit_
The foregoing instnnnent was <>"":t1'Mn•m,}edged before me this J1.:...
day of be 1'o8ER._,
2004, by J. Scott McCleneghen, as Vice President of Cit National Bank of Florida,
on behalf of said Bank. He known to me or has produced
n/4.
Declaration

•• ••• • •• • • --- • , . . . . . . , ,. . . . . . , .. 0 • • . . .. , . . . _ • • • ~ •-•~- --••-•m •
Exhibit "A"
Articles Of Incorporation for The Oaks At Boca Raton Property Owners'

Association, Inc.
Declaration
A-1

llepartment of &tatr
. . 0 . . .
I certify ~ , , ; ·• ed .is a true and correct copy of the Articles of Amendment,

filed on ~~5d2002, to Articles of Incorporation for FOX HILL ESTATES
ASSOCIATIO~ - . which changed its name to THE OAKS AT BOCA RATON
PROPERTY S' ASSOCIATION, INC.,· a Florida corporation, as shown
. by the records o is office.
_The document ~ u m-~

his corporation is N~9000003139. . .
·. 0 . .
. ~ ,...__ . .
~
~
-~◊-
~ - .
~~Givenunder my hand and the
at Seal of the State of Florida
la assee, the Capitol, this the
. h day of January, 2002
r,zrri,s
t 0
e~arris
CR2E022 (1-99) ~£rr u of%tatc
(A - Page 1 of 15)
' • • :._• , · .. : p •• :

. ::-I
>u1 ~
rm
re-:. · ~
-
ARTICLES OF AMENDMENT
l>~ ~
TO :z:~ -
ARTICLES OF'INCORPORATION ~~ - . ~ :!.!
'A-< en ,-
OF rio l'T1
FOX-HILL ESTATES ASSOCIATION, INC. ""Tf"T' > C
ru:· :x
o;;:
.::;ic,'--'
§
--. Ct.) .
to the provisions of sections 617.1002, 1006, F)orida Statutes, th~'orpdi'!tion
Huv,-.n-no . 'ng ~icles of amendment to its articles ofincorporation: . . .
FIRST: · n~~ of the corporatioil is hereby ~hanged to the following:

0
AKS AT BOCA RATON.PROPERTY OWNERS,. ASSO~IATION, INC.
SECOND: mailin~address of the corporation is hereby changed to the following:
c/od~l Property Management .· .

121~:a\Usboro Blvd.
Deerfield Be , FL 33441
THIRD: At .a ~uly ~,;l1,.l,.-"'-1eeting of the members of the corporation held on January 4,

2002, the fo measures were adopted and the· nwilber of votes cast was .
sufficient for f the same. ·
,,.
(A - Page 2 of 1S)
lllll-sn011l6ll67.01

.
Signed this
ttl.J- day of JanU31)', 2002.. .
r
Approved by all Directors:
vV
(A - Page 3 of 15)
1\l\l-,n01\36l3(>l.01

mrpartm.rnt nf &tatr
I certify t ched is a true and correct copy of th~ Articles of Incorporation. of

1 FOX HIL STAl:fS ASSOCIATION, INC., a Florida corporation, filed on
May 20, 199~hown by the records of this office.
The document~er of this corporatl0n is N99000003139.
~ .
~
. · ·~
((]
~
~o
w ~
.
Given under my hand and the
eal of the State of Florida
assee, the Capitol, this the
th day of May, 1999
((]
'ams
,iffl.~rtJ.!fitl'm.e ~arri.s.
CR2E022 (1·99).· · of~tnt.e
(A - Page _4 of 15)

ARTICLES OF fNCORPORATlON FOR
FOX HILL ESTATES ASSOCIATION, INC.
a Florida corporation not for profit
dersigned incorporators by these Articles associate themselves for the purpose

oration not for profit pursuant to the laws of the State of Florida, .and hereby
ing Articles of Incorporation: ·
0
ARTfCLE I
.
~ 0
NAME .
. The nam~~ corporation shall be FOX HILL ESTATES ASSOCIATION, INC. For
convenience, th;~J}atio n shall be referred to in this instrument.as the "A~sociation," these
Articles of lncorpora t~he "Articles," and the Bylaws of the Association as the "Bylaws."
~_,,-'? ARTICLE I I
~v PUR POSE
,The purpose for which~ss ocia'tion is organized is to provide an entity for the
purpose of administering a res· . ·al real estate project known as FOKHILL ESTATES (the
"Project. "l ~;.i;::.:;,µ..::::::.::;.:::. .:...:...:. •
The terms used in these Articles sh-,..~~.,.. ie same definitions and meaning as those
set forth in the Declaration of Covenants, Co ef~seme nts and Restrictions for FOX HI LL
ESTATES (the "Declaration") to be recorde~~ n~~ blic Records.of Palm Beach County,
Florida, and/or the Bylaws, unless herein pr · o the contrary, or unless the context
otherwise requires. ·
~ .
. _ . POWERS ® .
The powers of the Association .shall in:lude and b ~ v the following:
{A - Page 5 of 15)

4.1 General. The Association shall have all of the common-law and statutory
powers of a corporation not for profit under the. laws of Florida that are not in
conflict with the provisions of these Articles, the Declaration or the Byla.ws.
4.2 Enumeration. The Association· shall have al.I of the powers reasonably
necessary to operate the Project pursuant to the Declaration and as more
particularly described in the Bylaws and these Articles, as they may be_
amended from time to time, including, but not limited to, the following:
To make and collect Assessments and other charges against Members as

Owners, and ·to use the proceeds thereof in the exercise of its powers
O and duties ..
~ To buy, own, operate, lease, sell, trade and mortgage both real and.
~ersonal property. ·
(c) -~aintaih, repair, replace, reconstruct, add to and_ operate the Project,
~ e r property acquired or leased .by the Association.
(d) ~ hase insurance upon the Common Properties and all portions of
the p , including Improvements thereon, under the jurisdiction of
the ~;oc~ron, and insurance for the protec:tion of the Association, its
officer irectors and Owners.
(e) To mak~ amend reasonable rules ~-nd regulations for the

mainten~onservation and use of the Project and for the. health,
~omfort, safe@welfare·of the Owners. · · .
(f) To approve o~~rove the . leasing, ·transfer, ownership and

possession of Lot · y be provided by trye Declaration.
. (g) To enforce by legal_ vi~9he provisions of the Declaration, these·

Articles, the Bylaws, ~ ~ l e s and regulations for the use of the
Project~ subject, howe~~ -~
t ~ limitation regarding assessing Lots
owned by the Declarant and expenses relating ·in any way to
claims or potential claims st the Declarant as set forth in the
Declaration and/or Bylaws. ~ _
(h) To contract for the manageme~ maintenance ofthe Project and to

authorize a management agent (w be the Declarant or an affiliate
of the Declarant) to assist the Asso · ·n carrying out its powers and
<;:lutie·s by performing such function as e submission of proposals,
collection of Assessments, preparation rds, enforcement of rules
(A - Page 6 of 15)

and maintenance, repair and .replacement of the· Common Properties
with funds as shall be made available by the Association for such
purposes. The Association and its officers and Directors shall, however,
retain at all times the powers, and duties granted by· the Declaration,
including, but not limited to the making of Assessments, promulgation
of rules and execution of contracts on behalf of the Association.
To employ personnel to perform the services required for the proper

operation of the Project.
-'~"-"F'I==:.:....:. ~=~· All funds · and titfes to all properties acquired by the
r proceeds shall be .held for the benefit and use of the
hers in accordance with the provisions of the Declaration, these Articles
the Bylaws. · ·
4.4 D on of• Income· Dissolution. The · Association shall make no

dist on of income to its Members, Directors or officers, and upon
disso u~io11 assets of the Association shal I be transferred o~ly to another non-
profit ion or a public agency, except in the event of a termination of the
· Declara ~ · ·
4.5 · Limitation.Q owers .of the Association shall be subject to and shall be
exercised in · ordance with the provisions hereof and of the Declaration and
the Bylaws. ~
~ ·
· In\ ARTICLES
~~ EMBERS
5.1 Me mbership. The MemlS'l~~the Association ("Members") shall.consist of the.

Declarant and all of the 4a° Lots in the Project from time to time, as
further described in the De,._,............. n.
5.2 ~ssig~ment i-he s.h are of a ~~mransferred

the funds and assets of the Association
I
in any manner except as an
cannot be assigned, hypot~_eca
appurtenance to the Lot for whic h share is held. . .
5.3 . Voting. On all matters upon which~bers hip shall b~ entitled to vote,
there shall be only one vote for each Lot, ·ch vote shall be exercised or cast
in the manner p·rovided by the Declarati a Bylaws; provided, however, the
Declarant shall also have additional vo accordance with its Class . B
membership. as provided in the p~clarat ny person or entity owning
more than one Lot shal I be entitled to one vo each Lot owned.
(A - Page 7 of 15)

.... . ...••···--·-·· '···~--,---
5.4 Meetings. The Bylaws shall provide for an annual meeting of Members and
may make provision for regular and sped al meetings .of Members other than the
annual meeting.
ARTICLE 6
TERM OF EXISTENCE
ciation shall have perpetual existence.
ARTICLE 7
0
~ . INCORPORATORS .· . .
The nam~ Qddress of the lncorporators to these Articles are as follows:
-~AME ADDRESS-
L. Wil~dnick . 7947 Yorkshire Court

~ . Boca Raton, Fl 33496
Charles ScH 17030 Brookwood Drive

Boca Raton, Fl 33496
~ ARTICLED
~ FFICERS
Subject to_the direction of the K,<"1.,,.,..,,.,..-,.nescribed in Article 9 below) the affairs of the
Association shall be administered by the Biding the offices designated in the Bylaws.
The officers shall be elected by the Board · st.meeting following the annual meeting of
the "-'.1embers of the Association and shall se ~leasure of the Board. The Bylaws may
provide for the remo~al from office of office~~'lifng vacancies and· for the duties of the
officers. . : v@ .. '
The names of the officers who shall serve u~uccessors are designated. by the
~oard are as follows: ~ ·. .
President
Vice President
Secretarv
· 1A - P_age 8 of 15)
. '.•: . ... -.- •-.-· ... -

ARTICLE 9
DIRECTORS
9.1 Number and Qualification. The property, business and affairs of the
Association shall be managed by a board (the "Board of Directors") consisting
of the number of Directors determined in the manner provided by the Bylaws,
ut which, prior to the Declarant's turnover of control of the Association to
wners other than Declarant, as provided in the Bylaws, shall consist of not
es~than three (3) Directors, and after the Declarant's turnover of such control
aforesaid, shall consist of not less than five (5) Directors. Directors need not ·
~embers of the Association or Owners of Lots in .the Projec~.
9.2 Duti d owers. All of the duties and powers of the Association existing
u ~~ Declaration, these Articles and the Bylaws shall be exercised
e x ~ y by the Board, its agents, contractors or employees, subject only to
approval b Lot Owners when such approval is specifically required and except
as pro• ... A',_,.i,:"h.. the Declaration. ·
9.3 Election· "'"'-"'"''"'I. Directors of the Association ·shall be elected at the annual
meeting o ~ b e r s in the manner determined by and subject to the
qualification~ forth in.the Bylaws. Directors may be removed and vacancies
on the Board sh~fUled in the manner provided in the Bylaws.
9.4 Firs; Directors; ~ ames of the ·Members of the first poard who shall ~old
office until their suc~s are elected and have qualified, as provided in the
Bylaws are as follow~@
NAME ~ ADDRESS
L. William Rudnic:~ 9947 Yorkshire ·court

~ Rato.n, Fl 33496
Charles Schnier ~ . 0 Brookwood Drive
~~ Raton, FL 33496
Kurt M. Kimmelman 1~Avenue ·

. B~~
FL 33486
·:· •
ARTICLE 10
5
~
~
(A~ Page 9 of 15) .
• • • • • .. • • .. • •. ... ..... :. ~-~ - ... ,# . . . .. . . .
·- . . ,., ....._.

·········-··----·-·····-----
INDEMNI Fl CATION
10.1 Indemnity. The Association shall indemnify any'person who was or is a party
or is threatened to be made a party to any threatened, pending or contemplated
action, suit or proceeding, whether civil, criminal, administrative or
investigative, by reason of the fact that he is or was a director, employee,
officer, or agent of the Association, against expenses (including attorneys' fees
and appellate attorneys' fees) judgments, fines and amounts paid in settlement
ctually and reasonably incurred by him in connection with such action, suit
r proceeding, unless (a) a court of competent ju:risdiction finally d~termines,
ft~ al I appeals ·have been . exhausted or not pursued by the proposed
· emnitee, that he did not act in good faith or in a manner he reasonably
~v_ed to· be in, or not opposed to, the best interest of the Association, and
~tn respect to any criminal action or proceeding, that he had reasonable cause
_ to b~~ that his conduct was unlawful, and (b) .s u_c h court also determines
• s~~~ly-that indemnification should be denied. The-termination of any
act' , ·tor proceeding by judgment, order, settlement, conviction or upon
a pie of olo contendere or its equivalent shall not, of itself, create a
presu~"•""'Nhat the-person did not act in good faith and in a manner which he
reasona ieved to be in, or not opposed to, the -best interest of the
Associatio with respect to any criminal action or · proceeding, had
· reasonabl~ ---~A·,- believe inat his conduct was unlawful.
10.2 . Expenses. To t:r!ent that a Director, _officer, empfoyee or agent of the

Association has uccessful on the merits or otherwise in defense of any
action, suit or pro ed rn referred to in Section 10.1 above, or in defense of any
claim, .issue or ma•..~·---erein, he shall be ind~mnified against expenses
(including attorneys' · appellate attorneys' fees) actually and reasonably
incu_rred by him in conn,,,...,.,,,,.n therewith.. .
10.3 Advances. Expenses.in~d~fend ing a civil or criminal action, suit or

proceeding sha_ll be paid =:~s'tkiation in advance of the.final disposition
of such action, suit or proc~~n receipt of an undertaking by or on
behalf of the affected Director, ¥"~'employee or ag_ent to repay such amount
unless it shall _be ultimately dete~~-hat he is entitled to be indemnified by
the Association as authorized in t~~cle 10. ·
Miscellaneous. The iridemnificati~ed by this Article shall _· not be

deemed exclusive of any other_ right~~~h those seeking indemnification
may be entitled under any By-Law, agree~vote of Members or otherwise,
and shall continue as to a person ·who ~ ~ e d to" be a Director, officer,
employee or age_~t and shall inure to the ~ i t of the heirs and personal
representatives ot such p·erson. ~ ·
6 ~
(Ang Page 10 of 15)

10.5 Insurance. The Association shall have the power to purchase and maintain
insurance on behalf of any person who is or was a Director, officer, employee
or agent of the Association, or is or was serving, at the request of the
Association, as a Director, officer, employee or agent of another corporation,
partnership, joint venture, trust or other enterprise, against any liability asserted·
against him and insured by him in any such capacity, or arising out of his status
as such, whether or not the Association would have the power to ·indemnify
him against such liability under the provisions of this Article.
mendment. Anyth_ing to the contrary herein notwithstanding the provisions ·

f \9e Article 10 may hot be amended without the approval in writing of all
rsons whose interest would be adversely affected by such amendment.
~ 0
ARTICLE11
.
. ~@ BYLAWS .
The first ByPa~ Association shall be adopted by the board and may be alte_red"
amended or rescind_~ manner provided in the -Bylaws and Declaration.
. ~ ARTICLE 12
~ AM ENDMENTS
Amendments to these A ~ shall be proposed and adopted in the following manner:
12.1 Notice. Notice of~bject matter of a proposed amendment shall be

included in the noti · meeting at which the proposed amendment is to
be considered. ·
·12.2 Adoption. A resolution ~9(>tion of a proposed amendment may be

proposed either by a majori e'-toard or by not less than one-third (1/3) of
the Members of the Associati . 1 rs and Members not present in person
or by proxy at the meeting I g the amendment may express their
approval in writing, providing tnc,,""°""'"'oval is· delivered to the Secretary at or
prior to the meeting. The approv t be:
(a) at any time, by not less than ~ y of all of the votes of all of the
Members of the Association r e ~ ~at a rneeti ng at which a quorum
thereof has been attained and by~~ss than 66 2/3% of the entire_
Board; ~r _ . . rB , _ .
(b_l after control of the Association is t u n ~ t O\\'ners other than the
I .. ; ~ .·
(A - Page 11 · of 15)

Declarant, by not less than 80% of the votes of all of the Members of the
-Association represented at a meet_ing at which a q·uorum has been
attained; or
(c) after the control of the Association is turned over to Lot owners other
than the Declarant, by not less than 100% of the entire Board; or
before control of the Association is turned over to Owners other than the
Declarant by not less than 66 2/3% of the entire Board.
'mitation. . No amendment shall make changes in the qualifications for

ership nor in the voting rights or property rights of Members, nor any
es in Section 4.3, 4.4 or 4.5 of Article 4, entitled "Powers," without the
val in writing of all Members -and the joinder of all mortgagees. No·
amen €ht shall be niadethat is in conflict with the Declaration or the Bylaws,
no · ny amendment make any changes which would in atiy way affect any
of t ts, privileges, powers or options herein provided in_ favor of or
shall j · the execution of the Amendment. No amendment to this

paragrap ~ -be affect~d;
shall _
12A Declarant. clarant may amend these Articles (consistent with the
provisions oft claration allowi;,g certain amendments to be affected by the
Declarant alone)~i ut any consent of Members.
C> . .
12.5 Recording. P\. co of each Amendment shall be filed with the Secretary of
State pursuant to the ~ions of the applic~ble Fl_orida law.
. SJ
The principal office of this corporation t 7947 Yorkshire Court, Boca Raton,
FL 33496 or such other place as may subseque ~ designated by the ~oard.
CONVEYANC
· The Association shall accept any and al I deeds ~~yance delivered-to it by the
Declarant. JI~
· ~ .
8 -~
{A - Page 12 of 15)
··•.. : . ,• -.- _.....

·------ ..... ..... .
ARTICLE 15
REGISTERED AGENT
The initial registered agent of the Association shall be, L William Rudnick with offices
at 7947
. Yorkshire Court, Boca Raton, Fl 33496..
EOF, the lncorporators have affixed their signatures as of this \-cs;_r\..... day of May,
1999
0
&/flµ , /,,_,ac~
(Name) · : .
~ ~ .- . :' j • .
~ .
- ~~v-< 7:
(Name) I
· _ O ·
named, for the

State of Florida, und
declaring and certify in
;~le
. .IN WITN~,,.; EREOF, I, the undersigned, being the lncorporator hereinbefore
forming a Corporation to do business both within and without the
ws of Florida, make and file thes~ Articles of Incorporation hereby
the facts.herein stated are true, a nd hereunto set my hand and seal
this \~..,...day of May, _19 ~ · .. · ·
/ . .
.
.
. rr0'i - ~ ~_,"" ~ .·
.,.:..,//,~.
~ , L. William Rudnick ·
STATE OF FLORI DA ) In\

· )SS:~~
COUNTY OF PALM BEACH } ~
. The fo regoing instrument was ac no ~ .
ed before me on this\--·, day of May, 1999, -\,"'
by L. Wi lli am Rudnick, as lncorporator o
t o ~ ~
Estates Association, Inc., cm behalf of the
produced _his drivers license) and .did
f~7n
Corporation. He is (personally known
take an oath. ~'v . · .
~
-~-:;;~ DONNA GINIECZKI ·
f•:~:;) MY COMMISSIOH I CC 464856 '".--u-~•...-ublic -,.__ ::)
~ •i EXPIRES: May 2t, 1999
,11r" ~· Sondld TI1111 Hotmy Pubic UllclcrtYlflers St of Florida at large
My ~ssion Expires:
- ~ .
(A - Pago 13 of 15}
9
~
• • -.; • • -:- • • ••••-••••- ~ • • . . . • • • oo'M & .. \ . " ~ - -.. . . . . , 0 ,
···-

IN WITNESS WHEREOF, I, the undersigned, being the incorporator hereinbefore named, for
the purpose of forming a Corporation to do business both within and without the State of
Florida, under the laws of Florida, make and file these Articles of Incorporation hereby
declaring and certifying that the facts herein stated are true, and hereunto set my hand and seal
this \~ay of May, 1~99. ·
)
O ) 55:
~ M BEACH ) . . . :..," ' . .

. The foreg~~~itist rument was acknowledge d before me o·n this\°' day of May, 1999,
by Charles Sch~dllnco rporator of Fox Hill Estates ~ssociation, Inc., on behalf of the
Co_rporation. He~sona lly known to m~~(or has produced his d rivers license) and did
take an oath. ~ . - · ·
~ ~-~\
-¾ .__) <-:-':-:::--o- '
c· - ~ ·_
»N•
d.--
<:L'\_
1
Notary Pub! ic
State of Florida at Large
(
My Commission Expires:
(A - Page 14 of 15)

CERTIFICATE DESIGNATING PLACE OF BUSJNESS OR
DOMICILE FOR THE SERVICE OF PROCESS WITHIN THIS
STATE NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
In compliance with the laws of Florida, the following is submitted:
First that desiring to org~nize unde~ the laws of the State of Florida .with its principal
· cated in the foregoing Artkles oflncorporation, within the, State of Florida, the
corpo ed in the said Articles has named L. William Rudnick, as its statutory
I.,
named the statutory registered agent of said corporation at the place

. 0 .
designated iri thi~ficate, I hereby accept the same and agree to a~t in this capacity, and
that. I am familiar ~ d accept the obligations of Florida Statutes §607.325.
~~ .
~
,_
l
,
~
L. W ill iam Rudnick

Registered Agent
,.
•-
~......4
- ~
M:\Corporate\Rudnick\FoxHillEstatesAssoc.Artl c l e s . ~
~ ·
~o .,,
-r
.~ · rn
~
0
· ~
~
~~
(A - Page 15 of 15) ~
11

Exhibit "B"
Bylaws of The Oaks At Boca Raton Property Owners' Association, Inc.

BY-LAWS
OF
THE OAKS AT BOCA RATON PROPERTY OWNERS' ASSOCIATION, INC.
A Corporation Not for Profit

U11der tlte Laws of tl,e State of Floricla
ARTICLE 1
DEFINITIONS
c 9.t "Association" shall mean and refer to THE OAKS AT BOCA R.\TON
c:;(7KROPERTY OWNERS' ASSOCIATION, INC., a nonprofit corporation
~ 4:rrganized and existing t111der the laws of the State of Florida.
0
_S ~ c t ·- i o "Estates" shall mean and refer to the Estates as defined in that certain
ed and Restated Declaration of Covenants and Restrictions to be recorded
1 ublic Records of Palm Beach County, Florida (the "Declaration").
Section 1.3 ~ n e r " shall mean and refer to the record owner, whether one or more
perso~ntities, of the fee simple title to any Lot.
Section 1.4 ~F"

the Associa ·
shall mean and refer to all those Owners who are Members of
provided in Article 5 of the Articles of Incorporation of the
Association.
Section 1.5 All o t h ~nit

1 1 ions from the Declaration are incorpor~ted herein b:r this
reference. ~
Section 2. 1 ,...... ,..... -.v.aeJrs of the Association shall at all times,

during reasonable business e subject to the i11spection of any Member of
the Association.
MEMBE
Section 3.1 Membership of the Associatr ·orth in Article 5 of the Articles

of Incorporation of the Association.
Section 3.2 The rights of membership are sub· payment of annual and
special assessments levied by the Assoc obligation of which
assessments is imposed against each Owner ,._..,u..-,,... mes a lien t1pon, that
portion of the Estates against which such ass e made as provided in
the Declaration.
Declaration - Page 1 of 7)
B-1

ARTICLE4
BOARD OF DIRECTORS
Section 4.1 The Directors of the Association shall be elected at the annual meeting of
the Members except as otherwise specified in the Articles of Incorporation. The
election shall be decided by majority vote of all Members present in person or
who cast ballots at the annual meeting. Proxies shall not be used for voting for
Directors. Notwithstanding the foregoing, however. while Class B membership
exists, the Directors of the Association that Declarant is entitled to select shall be
ppointed by the Declarant.
Any director (other than a director designated by the Declarant) may be

moved from office at any time with or without cause by the affirmative
0rrnority vote of the Association membership.
-=S""ec""ta:.;:i~=.:...-~<§he first meeting of the duly elected Board of Directors, for the purposes
nization, shall be held immediately after the annual meeting of Members,
p · the majority of the members of the Board elected be present. Any
ac en at such meeting shalt be by a majority of the whole Board. If the
majority o e members of the Board elected shall not be present at that time, or
if the c s shall fail to elect officers, the meeting of the Board to elect
officers hen be held within thirty (30) days after the annual meeting of
Members n nee (3) days notice in writing to each member of the Board so
elected, st · ~ e , place and object of such meeting.
Section 4.4 Subje~o ~he provisions of Section 4.6 below, regular meetings of the
Board of Direc~y be held at any place or places within Palm Beach
County. Florida, ~ h days and at such hours as the Board of Directors may,
by resolution, designate.
Section 4.5 Subject to th ...-=--,.~·ons of Section 4.6 below. special meetings of the
Board of Directors may fu:i d at any time by the President or by any two (2)
members of the Board a • e held any place or places within Palm Beach
County, Florida. and at an.
0
Section 4.6 Except only for meeti.,..,.•vn,.n.veen the Board and its attorney with respect
. to proposed or pending litigat n e he contents of the discussion would
otherwise be protected by the a ·ent privilege, regular and/or special
meetings of the Board of Director,,..,..ru"""',...,.., open to all Members. and notices of
Board meetings shall be posted in a o uous place on the property governed
by the Association at least forty- eighl'-OPIH'-nou prior to the meeting, except in
the event of an emergency. In the al n · • 1f notice is not conspicuously
posted. notice of the Board meeting must mailed or delivered to each Member
at least seven (7) days before the meeting, e x ~an· emergency. Notice of any
meeting in which assessments against Lots a o considered shall specifically
contain a statement to that effect as well as ent of the nature of such
assessments.
Section 4.7 Directors (including affiliates of the o - ~ h a l l have the absolute

right to resign at any time and the remaining d i ~ j ) f j : e shall then till the
Declaration ~ e 2 of 7)
B-2

vacancies, provided that if all directors resign. a special 1neeting of Members
shall be called as soon as possible for the purpose of electing new directors and
the resignations of such directors shall not be effective until such election is held
and new directors are elected, except that if no meeting is held or no directors are
elected after two (2) attempts to call and hold such meeting, the resignations shall
become effective simultaneously with the date and time of the scheduled second
meeting, whether held or not or whether new directors are elected or not.
ion 4.8 Directors may not vote _by proxy or secret ballot, provided, however, that
secret ballots may be used for the election of officers.
The Directors of the Association have a fiduciary duty to the Owners of

L~s governed by the Association.
~(n\ ARTICLE 5
\ld)v O OFFICERS
~ ~ n y •officer may be removed at any tim~ by the affirmative vote of a

m · · of the Board of Directors at any duly called regular or special meeting
oft e Boa .
Section 5.2 resident shall be the chief executive officer of the Association. The
Presiden"'"'''""'-nr,eside at all meetings of the Members of the Association and of
the Board ~ -tors. He shall have the general powers and duties of
supervision a nagement of the Association which usually pertain to his
office, and sH perform all such duties as are properly required of him by the
Board of Direct~,1e Board of Directors shall elect at least one (I) Vice
President, who sl I e such powers and perform such duties as usually pertain
to such office or a e properly required of him by the Board of Directors. In the
absence or disability o resident, any Vice President shall perform the duties
and exercise the pow e President. If more than one (1) Vice President is
appointed, the Board sh ·gnate which Vice President is to perform which
duties. The Secretary sh J\J.£«1'""1otices of all meetings of the membership of the
Association and the directo otices of such meetings are required by law
or in these By-Laws. He ""'""'...-..·""e~ the minutes of the meetings of the
membership and of the Board tors. The Treasurer shall have the care and
custody of all the monies and se ri · 1e Association. He shall enter on the
books of the Association, to be R t b 1 for that purpose. full and accurate
accounts of all monies received and paid by him on account of the
Association. He shall sign such instr, .. n .. ,,us as require his signature and shall
perform all such duties as usually pert · fice or as are properly required
of him by the Board of Directors.
Section 5.3 Vacancies in any office arising fro~cause may be filled by the
Board of Directors at any regular or special m~~
Section 5.4 The officers of the Association have a fi~duty to the Members.
~
Declaration
B-3
~ 3 of 71

ARTICLE6
MEETINGS OF MEMBERS
Section 6.1 The regular annual meeting of the Members shall be held every twelve
( 12) months at such time and place as shall be determined by the Board of
Directors. The election of directors shall be held at. or in conjunction with, the
annual meeting.
Special meetings of the Members for any purpose may be called at any
time by the President, the Vice President, the Secretary or Treasurer, or by any
two (2) or more members of the Board of Directors, or upon written request of
the Members who have a right to vote one-third (1/3) of all the votes of the entire
mbership, or who have a right to vote one-third (l/3) of the votes of the Class
C/'1\._mcmbership. Business conducted at a special meeting shall be limited to the
~ o s e s set forth in the notice of meeting.
Section §,0 Slotice may be given to the Members either personally, or by sending a
~(() he notice through the mail, postage thereon fully paid, to the addresses
a ::. on the records of the Association. Each Member shall register his
ad ,/ h the Secretary, and notices of meetings shall be mailed to him at such
addre ice of any meeting, regular or special, shall be mailed or personally
de live ......J-•J"•~ast seven (7) days' in advance of the meeting and shall set forth the
general \1attf£'.jN'lf the business to be transacted, provided, however, that if any
business ~eting shall involve any action governed by the Articles of
Incorporation · e of such meeting shall be given or sent as t11erein provided.
Notice of an nual meeting need not set forth the nature of the business to be
transacted. N o t ~ special meeting, however, must include a description of
the purpose or p ~ for which the meeting is called. .
Section 6.4 The presence~son or by proxy at the meeting of Members entitled

to cast 33-1/3% of th~t~ of the membership shall constitute a quon1111 for any
action governed by the Laws. Unless a greater percentage is expressly
required, decisions oft ers shall be made by a majority of the voting
interests represented at a ~,.,.,.""...,t which a quorum is present.
Section 6.5 Members have the r -~t_ha<e in person or by proxy. To be valid. a

proxy must be in writing and ¥~ggj)lthe Member or the person designated
in a voting certificate signed by r as the person authorized to cast the
vote attributable to such Lot. and xy must state the date. time and place of
the meeting for which it was given. ~ v i s effective only for the meeting for
which it was given, as the meeting ~ e legally adjourned and reconvened
from time to time, and automatically e x ~ ·y (90) days following the date
of the meeting for which it was origin _ · en. A proxy is revocable at any
time at the pleasure of the person who exe tes it. If the proxy form so provides.
the proxyholder may appoint. in writing. a s ~ eto act in the proxyholder's
place. No person other than a designee of the nt is permitted to cast more
than five (5) votes by proxy. Q
Declaration ~4of7)
B-4

Section 6.6 Any Member may tape record or videotape meetings of the Members; ·
subject however to the mies established from time to time by the Board regarding
such tapings.
Section 6.7 Except when specifically or impliedly waived by the chainnan of a

meeting (either of Members or Directors) Roberts' Rules of Order (latest edition)
shall govern the conduct of Association meetings when not in conflict with the
Declaration. the Articles or these By-Laws; provided, however, that a strict or
technical reading of said Robe'!'ts' Rules shall not be made so as to frustrate the
will of the persons participating in said meeting.
ARTICLE 7
0 AMENDMENTS
~ These By-Laws may be amended, at a regular or special meeting of the

~mbers, by a vote of 66-2/3% of Members present and voting in person or by
proX! provided that the notice to the Members of the · meeting discloses the
,nn,DrTT,,.tion that the amendment of the By-Laws is to be considered, provided,
ow,it\ler.. the provisions which are governed by the Articles of [ncorporation of
ssociation may not be amended except as provided in the Articles of
IncofJ)Or or applicable law; and provided further that any matters stated
herein or which are in fact governed by the Declaration may not be
r-r•--<,.._t. as provided in such Declaration. Anything to the contrary
herein no 1th nding, the Declarant shall have the absolute right to amend
these By- ~ the Articles of Incorporation without the- consent of the
Members or ~ d.ard . so long as Class B membership exists.
Section 7.2 In case ~conflict between the Articles of Incorporation and these
By-Laws, the A ~ shall control; and in case of any conflict between the
Declaration and these ~ w s , the Declaration shall control.
~~ ICLE8
OFF
The Association shall maintain ea <fullowing. where applicable. which

shall constitute the official records of the A ~ a ··
(a) A photocopy of any plan · ,cations. permits and warranties related

to improvements constru ~ the Common Properties or other
property that the Association ~~ated to maintain, repair or replace;
(b) A photocopy of the By-Laws ~sociation and all amendments

thereto; ~si
(c) A certified copy of the Articles of@ration of the Association or

other documents creating the Associatio~ll amendments thereto;
(d) A photocopy of the Declaration and all a ~ t s thereto;
Declaration ~ 5 of 7)
B-5

(e) A copy of the current Rules and Regulations of the Association:
(f) The minutes of all meetings of the Association, of the Board of

Directors. and of Members. which minutes shall be retained for a period
of not less than seven (7) years;
(g) A current roster of all Members, their mailing addresses and Lot
identifications:
(h) All current insurance policies of the Association or a copy of each such
policy, which policies shall be retained for a period of not less than seven
(7) years;
~ A current copy of all contracts to which the Association . is a party,

including, without limitation, any management agreement, lease, or other
~ contract under which the Ass'>ciation has an obligation or responsibility;
{j) (j3ids received by the Association for any work to be performed on behalf
_'"'_½of the Association, which bids shall be retained for a period of not less
~ h a n one (I) year; .
(k) ~- ncial and accounting records for the Associatio_n maintained in

ance with good accounting practices. All financial and accounting
~~hall be maintained for a period of not less than seven (7) years.
\~-~~~:tal and accounting records shall include, but n_or be limited to:
(i) Accurate, i t e ~ n d detai led records for all receipts and expenditures.
(ii) A current accou~ periodic statement of the account for each member of the
Association, des· · g the name and current address of each Member. the due
date and amount eac-h Assessment, the date and amount of each payment on
the account, and the ~ due.
(iii) All tax returns, financial~ents and financial records of the Association; and
(iv) Any other records that ~neasure, record or communicate financial

information. ~ 0 0
ART~
BOOKS AND PAPER

MINUTES· BUDGETS· Fl AL REPORTS
Section 9.1 The official records shall be mta·~ ·vithin the State of Florida and
must be open to inspection and availab r photocopying by any Association
Member or the authorized agent(s) of sue ~ e r at all reasonab1e times and
places within ten (l0) business days after re 'pt a written request for access.
The Association may adopt reasonable wri regarding the frequency.
time, location, notice and manner of inspectio an ay impose fees to cover
the costs of providing copies of the official recor · ing, without limitation,
the costs of copying. The Association shall ~ , 1 adequate number of
Declaration ~ 6 of 7)
B-6

copies of the recorded Declaration, Articles, By•Laws and any rules -to ensure
their availability to Members and prospective Members, and may charge only its
actual costs for reproducing and furnishing these documents.
Section 9.2 The fiscal year of the Association shall be a twelve (12) month period to
be determined by the Board of Directors, but may be unilaterally determined by
the Declarant until Class B membership ceases.
Minutes of all meetings of the Members and of the Board must be

maintained in written form or in another form that can be converted into written
form within a reasonable time. The vote or abstention from voting on each
matter voted upon for each director present at a Board meeting must be recorded
in the minutes.
0
~~~~:U",;,.9~-~4 The Association shall prepare an annual budget reflecting, among other
Y,> (nqings, the estimated revenues and expenses for the budgeted year and the
· ~'estimated surplus or deficit· for the end of the current year. T he. budget must
se ately set out all fees or charges for recreational amenities, whether owned
Association or another person. The Association shall provide each
r with a copy of the annual budget or a written notice advising that a copy
budget is available upon request at no charge to the Member. The copy
mus~ided to the Member in accordance with the time limits set forth in
Sect.~bove.
Section 9.5 ~sociation shall prepare an annual financial report within sixty (60)
days f o l ~ ~ close of each fiscal year of the Association. The financial
report mus(§onsist of either, at the determination of the Board, (a) financial
statements prese d in conformity with generally accepted accounting
principles, or ( ncial report of actual receipts and expenditures, cash basis,
showing, the a mt of receipts and expenditures by classification and the
beginning and endina h balances of the Association. The Association shall
provide each Mem \ i h a copy of the annual financial report or a written
notice advising that a-e~~ the report is available upon request at no charge to
the Member. The cop be provided to the Member in accordance with the
time limits set forth in ~;tie~~) above.
Declaration 7 of 7)
8•7

Exhibit "C"
Legal Description
. . .,.

.. '
EXHIBITA
RANK)WPll)
WI> PHCRlPT]ON·
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Petition P0097-104(1) PagoJ A
Project No. 0730-000
EXHIBIT C-1

DESCRIPTION:
A PORTION OF BLOCK 70, "THE PALM BEACH FABMS COMP.ANY PLAT NO. 3",
ACCORDING ,TO THE MAP , OR PLA1 THEREOF AS RECORDED' IN PLAT BOOK 2, PAGES
45 THROUGH. 54 OF THE PUBLIC RECORDS.OF PALM BEACH COUNTY, FLORIDA,
LYING IN'. SECTION 31, TOWNSHI1? 46 SOUTH, RANGE 42 EAST, PALM BEACH
·coUNTY, FLPRIDA, MORE PARTICULARLY DESCRIBED NJ ,FOL1,QWS:
.BEGINNING NE, THE.SOUTHEAST CORNER 0~ "OAKS AT BOCA RATON PLAT.ONE",
ACCO G TO THE MAP OR l'LAT TltEREOF AS RECORDED IN. PLAT BOQK 95, P1\GES
16 THJ~rt;H 22 OF THE PUBLIC RECORDS OF PALM BEACH .COUNTY, FLORIDA, .
TH........~""'~"M'lllN•2s•s9Nw ALONG THE EAST LINE.THEREOF, A.DISTANCE oF 1,203.52
FE I rmrlfl)r"\'C' S37 0 47 i 07 "E, A DISTANCE OF 36, 44 FEE'!' TO A POINT OF CURVE
TO T'UlC"..... T..11..,..,.. HAVING A RADIUS OF 970.00 FEET AND A CENTRAL ANGLE OF
11°51 ~CE SOUTHEASTERLY ALONG THE ARC. A DISTANCE OF200.68
FEET; 'mfiir.»t~ S49°38 1 20"E, A DISTANCE OF . 101.46 FEET; THENCE
N85°21 1 ~ DISTANCE OF 24.64 FEET; THENCE S44°28'2l"E, A DISTANCE .
OF 138.0 ; THENCE S49°38'20"E, A DISTANCE OF 210.79 FEBT TO A
POINT OE' ro
0 TBE RIGHT HAVING A _RADIUS OF 430 ~ 00 FEET .AND A
CENTRAL ANGLEWS
.DISTAN,CE QF
• 45 '44"; THENCE · SOUTHEASTERLY ALONG THE ARC A
FEET; THENCE ·so0°52'35"E~ A DISTANCE OF 149.58 FEET;
'l'HEHCE N89°4 . A DISTANCE OF 406.95 FEET; THENCE S00°25'59"E, A ·
DISTANCE .OF 3 1 FEET TO A POINT OF INTERSECTION WITH T.HE SOUTH LIN.E
OF SAID BLOCK.'7~; CE sa9•3,4•oi 11W SAID SOUTH :LINE, A DISTANCE OF
1,073.50 FEET T INT O_F BEGINNING. :'
. .
SAID LANDS SITUA'.l' BEACH COUNTY, FLORIDA. .
'.""""HING 775,485 • FEET/17.803 'ACRES MORE OR LESS,
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EXHIBITC-2
:• . . .· : ' i

·•· , ____ ..., _ _ . J •• , • , .. _ _ _ _.
Exhibit "D"
Rules and Regulations
1. The Common Properties and facilities, if any, shall not be obstructed nor used for
ther than the purposes intended therefor as established from time to time by the
e personal property of Lot Owners must be stored in their respective Lots or in

.uu•c1<.-~eas (if any are provided by Declarant or approved by the ACC).
3. ~~bage cans, supplies, milk bottles or other articles shall be placed on the
exterior portio~'1llly Home or Lot and no linens, cloths, clothing, curtains, rugs, mops, or
laundry of any kin9,
o other articles, shall be hung from or on the Home, the Lot or any of the
windows, doors, fi balconies, patios or other portions of the Home or the Lot, except as
provided in the Dec · with respect to refuse containers.
4. Employee~e Association are not to be sent out by Lot Owners for personal
errands. The Board o · tors shall be solely responsible . for directing and supervising
employees of the Associa · y).
5. No motor ve ~ c h cannot operate on its own power shall remain on The

Oaks for more than twenty-fou04)hours, and no repair of such vehicles shall be made thereon.
No portion of the Common Prop~ay be used for parking purposes, except those portions
specifically designed and intende~or.
. Areas deSi811ated for gu.esI--nw-king, if any, shall be used only for this purpose and
neither Lot Owners nor occupants of L 11 be permitted to use these areas.
z::)
There shall be no parking alk or common area green space or swales.
Vehicl~s which are in violatio.~,vu~suutes and regulations shall be subject to

being towed by the A_ssociation as provided in ~~tion, su~ject to applicable laws and
ordinances. ~lv
· 6. No Lot Owner shall make or permit~: turbing noises in their Home or on the
Lot by themselves or their family, servants, employ s, ents, visitors or licensees, nor permit
any conduct by such persons that will interfere with ill · mforts or conveniences of other
Lot Owners. No Lot Owner shall play or permit to yed any .musical instrument, nor
operate or permit to be operated a phonograph, televisio , radio or sound amplifier or any other
sound equipment in their Lot or on their Lot in such a ~ to disturb or annoy other
residents (applying reasonable standards). No Lot Own conduct, nor permit to be
conducted, vocal or instrumental instruction at any time which · s other residents.
. . ~
ftl-lCVOIIMCCAWLSYI>\3'41302vl6\wd9rnl6_.000.7115/04\1.W.9.020600 ~
Declaration
D-1
-··, : - -: - ·· .

7. No electronic equipment may be pennitted in any Home or on any Lot which
interferes with the television or radio reception of another Lot.
8. No awning, canopy, shutter, mailbox, exterior lightning, children's recreational

equipment, artwork of any kind, enclosure or other projection shall be attached to or placed upon
the outside walls or roof of the Lot, except as approved by the ACC.
o Lot Owner may alter in any way any portion of the Common Properties,
includu·uz ••-tJU.Ylltot limited to, landscaping, without obtaining the prior written consent of the
ACC.
v~etable gardens shall be pennitted except in fully enclosed (i.e., fenced)

areas.
11. ~mmercial use shall be pennitted in The Oaks even if such use would be
permitted under ap~Pzoning ordinances. · . .
12. No fl~~le, combustible or explosive fluids, chemicals or substances shall be

kept in any Home~ o~~otor on the Common Properties, except as to gas cylinders permitted
under the Declarat10n. ·
13. A Lot O ~ plans to be absent during the hurricane season must prepare
their Home and Lot prior t ~ a r t u r e by designating a responsible firm or individual to
care for their Home arid Lot the Home suffer hurricane damage, and furnishing the
Association with the name(s) o uch firm or individual. Such firm or individual shall be subject
to the approval of the Association.<c:>6)
14. Temporary hurrican¼u1 s may be installed on a Home upon the issuance of a

hurricane warning for South and/or C lorida by the appropriate government agencies. In
the event that a Lot Owner utilizes tenni~~-l11urricane shutters, the same ~hall be removed and
stored out of sight within 72 hours after tion from those agencies that the storm does not
pose a threat to the immediate area. In _"",-,,~-.ta Home will be unoccupied for an extended
period, the Lot Owner must make. arrange n put up and take down temporary hurricane
shutters. ~0
The use of permanent hurricane ~ s t be approved by the ACC prior to
the installation and the permanent hurricane shutte architecturally blend in with the design
and color of the Home. Permanent hurricane sh n a Home may be closed upon the
issuance of a hurricane warning for South and/or Ce,n..........,~ri by the appropriate government
agencies. In the event that a Lot Owner utilizes perm ~ cane shutters~ the same shall be
opened and secured within 72 hours after notification fro ose agencies that the storm does not ·
pose a threat to the immediate area. In the event a Home ~ e unoccupied for an extended
period, the Lot Owner must make arrangements to hav~5:!!urricane ·shutters closed and
opened. . ~
ftl-1MJI\MCCAWLEYD\341302vl6\wd9ml6_.DOC\7/1S/0411 ◄ 449.020600
·~
Declaration
D-2
' '

15. A Lot Owner shall not cause anything to tie affixed or attached to, hung,
displayed or placed on the_exterior walls, doors, balconies or windows of their Home without the
prior written approval of the ACC.
16. All persons using any pool (if any) on the Common Properties shall do so at their
own risk. All children under fifteen (15) years of age must be accompanied by a responsible
adult. Bathe are required to wear footwear and cover over their bathing suits in any enclosed
recreation fac· ·ties (if any). Glasses and other breakable objects may not be utilized in the pool
ck, if any. Pets are not permitted in the pool or pool area (if any) under any
· cJ:o:n will be the direct responsibility of their parents or legal guardians,

l~:meln,ision of them while within The Oaks and including full compliance by them
with these R Regula.tions and all other rules and regulations of the Association. Loud
noises will not lerate~ All children under fifteen (15) years of age must be accompanied by
a responsible adult ~entering and/or utilizing recreation facilities (if an}_'). :
18. No c~~under the age of fifteen (15) shall be allowed in certain designated
..
areas of the clubhou~~~~an .
19. Pets and o · als shall neither be kept nor maintained in or about The Oaks
except in accordance the D ~ n and with the following: .
No pet shall be ~ e d outside of its Lot Owner's Home unless attended by an

adult or child of more th~A;;;· 1OJ years of age and on a leash of reasonable length. Said
pets shall .only be walke en upon those portions of the Common Properties
designated by the Associat1 om time to time for such purposes. In no event shall said
pets ever be allowed to be walk~en on or about any recreational facilities (if any)
contained within the Common ro rties. Lot Owners shall clean up all pet waste and
carry visible means of perform· lean up when walking their pet.
20. No hunting or use of fire~ept these which may ·be used by an armed
guard whose services have been contracted 8ociation) shall be permitted anywhere in
The Oaks. ~ . .
2i. Every Lot Owner, guest and occ t and visitor shall comply with ·these
rules and regulations as set forth herein, any and es and regulations 'which from time to
time may be adopted, and the provisions of latation, By-Laws and Articles of
Incorporation of the Association, as amended from nm~:,.,.f e. Failure of an Lot Owner or
occupant, guest or visitor to so comply shall be groun 10n which may include, without
limitation, an action to recover sums due for damages, · njunctive relief, ·or any combination
thereof. The Association shall have the right to suspend ~ rights and use of recreation
facilities, if any, in the event of failure to so comply. In addi~jg_ all other remedies, in the sole
discretion of the Board of Directors,. a fine or fines may be i m p ~ n a Lot Owner for failure
of a Lot Owner, their tenants, family, guests, visitors, invitees yees, to comply with any
ftl-JMII\MCCAWLEYD\J41302vl6\wd9m 16_ DOC\7/1 S/04\14449.020600
Declaration
D-3
&
·.··· ,•

• - -•~ ............C' .. ~ ... -·"· ... ·· - • ··- ........- - _ _ _ ,...... .
covenant, _restriction, rule or regulation herein or in the Declaration, or Articles of Incorporation

or By-Laws, as provided in the Declaration.
22. These rul_es and regulations shall not apply to the Declarant, nor its affiliates,
agents or employees and contractors (except in such contractors' capacity_as Lot Owners), nor
property while owned by either the Declarant or its affiliates. All of these rules and regulations
shall apply, wever, to all other Lot Owners and occupants even if not specifically so stated in
portions here The Board of Directors shall be permitted (but not required) to grant relief to
one or Owners from specific rules and regulations upon written request therefor and
_good ca e s in the sole opinion of, arid conditions on time limitations imposed by, the
Board of Dffi'~hs
0
23. ~~";1-ers who have guests arriving in five {5) or more cars must provide for
· 24. Lot
and location (not to
grade if secured to a
SO
.._yalet parking i~ance with Regulations promulgated by the Board of Directors.
shall be permitted to display a United States flag of reasonable size

_ 14 feet in height on a secured flag pole or no higher than 14 feet from
t on the residence) on their respective Lots.
25. All perm~et ball hoops must be free standing, properly placed and
screened by approval oft in its sole discretion. · ~ addition, rules governing the use,
storage and times of play m e tablished by the ACC in its sole logical discretion.
26. Fishi~g is onl~itte d by a Lot Owner on a Lake Maintenance Area

1
immediately behind or adjacent~ i~ot Owner s Lot.
27. No go-cart or mot~oter or similar motorized vehicle may be used at The

Oaks.
ft~IIMCCAWLBYD\341302vl 6\wd!lni 16_.DOC\7/l 5/0C\14449.020600
Declaration
D-4
Book 17679/Page989 Page 107 of 107

147 Defendant, Mrs. Schneider L. Schneider's, Amended Answer, Affirmative 2 10 2022

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147 Defendant, Mrs. Schneider L. Schneider's, Amended Answer, Affirmative 2 10 2022

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Filing# 143689242 E-Filed 02/10/2022 01:49:57 PM

IN THE CIRCUIT COURT OF THE

THE OAKS AT BOCA RATON CASE NO.: 502017CA004532XXXXMB

LAURENCE S. SCHNEIDER, et al.

DEFENDANT, MRS. SCHNEIDER L. SCHNEIDER'S, AMENDED ANSWER, AFFIRMATIVE

COMES NOW the Defendant, STEPHANIE L. SCHNEIDER, ("Defendant" or "Mrs. Schneider"), by

1. Admitted for jurisdictional purposes only.

allegations contained in paragraph 3 are denied.

allegations contained in paragraph.

7. Defendants incorporates by reference their responses to paragraphs 1 through 6 above as if fully

9. Paragraphs 9(a) through 9(c) are hereby Denied.

WHEREFORE, Defendant, MRS. SCHNEIDER L. SCHNEIDER, demands judgment in her favor

and further relief this court deems proper and just.

COUNT II - BREACH OF CONTRACT

19. DEFENDANTS DENY ALL ALLEGATIONS NOT SPECIFICALLY ADMITTED ABOVE.

WHEREFORE, Defendant, MRS. SCHNEIDER L. SCHNEIDER, demands judgment in their

I. Failure to Comply with Conditions Precedent

conditions precedent to this suit and the relief sought herein.

owner of the Property and her liability, if any, is therefore limited.

payment(s) which satisfies liens sought to be enforced by the Plaintiff herein.

IV. Accord and Satisfaction

V. Failure to Join an Indispensable Party

filing of the Action sub judice.

VI. Disputed Amount

VII.FAILURE OF CONDITION PRECEDENT

DEMAND FOR JURY TRIAL

Defendant, STEPHANIE L. SCHNEIDER, demand trial by jury of all issues so triable.

By: /s/ Martin G. McCarthy

CASE NO.: 502017CA004532:XXXXMB

THE OAKS AT BOCA RATON

STEPHANIE L. SCHNEIDER, et al.

FIRST AMERICAN BANK, as Successor

STEPHANIE b. SCHNEIDER, et al.

UNIVERSAL PROTECTION SERVICES, LLC

(hereinafter "Third-Party Defendant" and/or "First American"), UNIVERSAL PROTECTION SERVICES,

"FirstService"), and in support thereof states:

Raton (See Exhibit "A"), and Florida Statute § 720.305(3).

PARTIES, JURISDICTION, AND VENUE

to the Property arose in Palm Beach County, Florida.

management company of the Oaks.

Records of Palm Beach County, Florida.

First American Bank, and its successor(s) ininterest.

mishandled by both the Oaks and their Counsel.

registration as proof of living at the Property.

community will be granted entry.

to First Service by First American.

were to leave the Oak's premises immediately.

elderly relatives do not go into the Property.

the Counter-Plaintiffs elderly relatives to enter into the Property.

Counter-Plaintiffs food delivery service.

36. Counter-Plaintiff and the Oaks entered into a valid contract.

though fully set forth herein.

Oaks at Boca Raton, Florida Statute § 720.305(?}.

guests access to the Property.

Court deems may deem just, equitable, and proper.

Paragraphs 1 through 39 as though fully set forth herein.

distress through their actions.

Plaintiffs family and guests from gaining access to the Property.

and an award ofreasonable attorney's fees and costs from Counter-Defendant.

DEMAND FOR JURY TRIAL

Raton, FL 33487, foreclosures@ssclawfirm.com.

MCCARTHY & YERSEL, PLLC