AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AUTUMN WOODS

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1 Prepared by: Christopher N. Davies, Esquire Cohen & Grigsby, P.C. Mercato - Suite Strada Place Naples, FL NOTE: SUBSTANTIAL AMENDMENT OF ENTIRE MASTER DECLARATION OF COVENANTS,. FOR PRESENT TEXT SEE THE EXISTING MASTER DECLARATION. AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AUTUMN WOODS KNOW ALL MEN BY THESE PRESENTS that on May 6, 1997, the original Master Declaration of Covenants, Conditions and Restrictions for Autumn Woods ( Declaration or Master Declaration ) was recorded in Official Record Book 2311, at Page 2426 et seq., of the Public Records of Collier County, Florida. Subsequent amendments were made on: March 10, 1998, on May 26, 1998, recorded at O.R. Book 2423, Page 1383, et seq.; on September 22, 1998, recorded at O.R. Book 2396, Page 2178 et seq., recorded at O.R. Book 2463, Page 2377, et seq., on March 1, 1999, recorded at O.R. Book 2518, Page 305 et seq., on September 15, 1997, recorded at O.R. Book 2591, Page 3497, et seq.; on September 15, 1999, recorded at O.R. Book 2591, Page 3499 et seq.; on April 5, 2000, at O.R. Book 2659, Page 2385, et seq.; on July 6, 2001, recorded at O.R. Book 2854, Page 2039 et seq.; and on May 2, 2017 recorded at O.R. Book 5389, Page 1016, et seq., all of the Public Records of Collier County, Florida. Except for the last referenced amendment, all prior amendments were made by the original declarant and developer of Autumn Woods, Centex Homes. That Declaration, including all the amendments thereto, is hereby further amended and restated in its entirety. The land subject to this Declaration is legally described on Exhibits A, B and D of the original Declaration (Exhibit C was intentionally deleted) by the declarant and in those applicable amendments referenced above where land was annexed to Autumn Woods and the Declaration amended accordingly, all of which amendments are incorporated herein by reference. No additional land is being added and no land is being removed by this Declaration. The covenants, conditions and restrictions contained in this Declaration shall run with the land and be binding upon and inure to the benefit of all present and future Owners. The acquisition of title to a Lot or Unit, or any other ownership interest in the Property, or the Lease, occupancy or use of any portion of a Lot or Unit on the Property constitutes an acceptance and ratification of all the provisions of this Declaration, as amended from time to time, and an agreement to be bound by its terms. Autumn Woods is part of a planned unit development ( PUD ) created by Collier County Ordinance 95-8, as amended in 1996 by Amendment Ordinance No The Plat of Autumn Woods is recorded at Plat Book 28, Pages for Unit One; Plat Book 29, Pages for Unit Two; Plat Book 31, Pages for Unit Three and Plat Book 32, Pages for Unit Four, all in the Public Records of Collier County. Page 1

2 1. DEFINITIONS. The following words and terms used in this Declaration or any of the Governing Documents (unless the context shall clearly indicate otherwise) shall have the following meanings: 1.1 Amendment(s) mean any and all amendments to this Declaration, each of which shall be properly adopted pursuant to the terms of the Governing Documents and recorded in the Public Records of the County. 1.2 Architectural Review Committee - Master or the ARC-M means the committee established pursuant to Article 7 of this Declaration to review plans and specifications for the construction or modification of improvements and to administer and enforce the architectural controls described in Article Architectural Review Committee Neighborhood or ARC-N means the committee established by a Neighborhood Association for the Neighborhood for the purpose set forth in Article 7 of this Declaration. 1.4 Area of Common Responsibility means the Common Property, together with those areas, if any, which by the terms of this Master Declaration or by contract or agreement with any Neighborhood Association or governmental agency become the responsibility of the Association. 1.5 Articles means the Articles of Incorporation of the Association, as amended from time to time. A copy of the Amended and Restated Articles of Incorporation is attached hereto as Exhibit A and made a part hereof. 1.6 Assessments means a share of the funds required for the payment of Common Expenses and individual expenses which from time to time are assessed by the Association against an Owner as Regular, Special and Individual Assessments, as further defined in Section 4.1 of this Declaration. 1.7 Association or Master Association means the Autumn Woods Community Association, Inc., a Florida corporation not for profit. 1.8 Board or Board of Directors means the Directors responsible for the administration of the Association. 1.9 Bylaws means the Bylaws of Autumn Woods Community Association, Inc., as amended from time to time. A copy of the Amended and Restated Bylaws is attached hereto as Exhibit B and made a part hereof Common Area or Common Property means all the real property including any improvements and fixtures thereon, owned, leased or the use of which has been granted or dedicated to the Association for the common use and enjoyment of its members. The Common Area of the Association includes all land described above and subject to this Declaration save and except for the individual Lots and Units. The Common Areas include but are not limited to the storm water management and drainage features, roads, gatehouse areas, recreational and other Page 2

3 facilities owned by the Association including personal property for the use and benefit of all Owners of Lots or Units in Autumn Woods Common Expenses mean the expenses for which Owners are liable to the Association as described in this Declaration and any other Governing Documents and include, but are not limited to, the costs and expenses incurred by the Association in administering, operating, maintaining, financing, or repairing, replacing or improving, the Common Areas, Open Spaces, Surface Water Management Systems, Lakes and Public Areas, if any, or any portion thereof and improvements thereon, all other property owned by the Association and all costs and expenses incurred by the Association in carrying out its powers and duties hereunder or under any other Governing Documents Common Surplus means the excess of all receipts of the Association including but not limited to assessments, rents, profits and revenues over the common expenses Community Systems mean any and all television, telecommunication, internet, alarm/monitoring, utility or other lines, conduits, wires, satellites, amplifiers, towers, antennae, equipment, materials, installations and fixtures (including future technological advances), and serving the Association Property and/or more than one Lot or Unit County means Collier County, Florida Declaration or Master Declaration means the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Autumn Woods, as amended from time to time Director means a member of the Board of Directors elected pursuant to the Bylaws Exclusive Common Area means certain portions of the Common Area which are for the exclusive use and benefit of one or more, but less than all, Neighborhoods; provided, however, all Recreation Parcels, Parks, and Lakes which have been dedicated as Common Property shall be available for use by all Members of the Master Association in accordance with the rules and regulations established herein and by the Board and shall not be designated as Exclusive Common Areas. All costs incurred by the Master Association for the maintenance, repair, replacement, and insurance of Exclusive Common Areas shall be assessed against the Owners of Units in only those Neighborhoods which are benefitted thereby as a Neighborhood Assessment, as defined herein. Except as set forth above with respect to Recreation Parcels, Parks, and Lakes, any portion of the Common Area may be assigned as Exclusive Common Area of a particular Neighborhood or Neighborhoods and Exclusive Common Areas may be reassigned upon the vote of a majority of the total Master Association vote, including a majority of the votes within the Neighborhood(s) by which they are assigned Family or Single Family means any one of the following: (A) One natural person. Page 3

4 (B) Two or more natural persons who commonly reside together as a single housekeeping unit, and the custodial children of such parties, if any Governing Documents means and includes this Master Declaration, the Articles and Bylaws and Rules and Regulations, as amended from time to time Guest means any person who is not the Owner or a Tenant of a Unit or a member of the Owner s Family, who is physically present in, or occupies a Unit on a temporary basis at the invitation of the Owner or other legally permitted Occupant, without the payment of consideration, subject to the provisions of Article 10 herein. Temporary means not more than fourteen (14) days at one time. Any Guest who is physically present in, or occupies a Unit, longer than on a temporary basis shall be deemed a Tenant for all relevant purposes Master Irrigation System means the central irrigation system installed by the developer and/or the Association using water from the Lakes and/or provided by the County for any or all of the Lots or Units within the Association up to but not including the shut off valve controlling the individual Lot Lakes means natural or manmade water bodies identified as Lakes on the Plat. The Lakes are subject to the Surface Water Management System Lease means the grant by a residential Owner of a temporary right of use of the Owner s Unit for valuable consideration, subject to the provisions of Article 10 herein Lot or Unit means the individual parcels of real property located within Autumn Woods including any structure thereon. All of the Land has been subdivided for residential use with fee simple title to each Lot or Unit having been conveyed to an Owner. No Lot or Unit shall include the Common Areas. No Lot or Unit may be subdivided or joined together without the consent of the Association. The Lot or Units may be depicted and numbered on sketches or surveys as recorded in the Public Records of the County Members means those persons who are entitled to membership in the Association as provided in its Articles and Bylaws Neighborhood means each residential area within the Property which is represented in the Master Association by a Neighborhood Association Neighborhood Association means a homeowners association created as a not for profit Florida corporation and responsible for the Neighborhood Neighborhood Common Area means any Common Area or Common Property owned, operated or maintained by a Neighborhood Association Neighborhood Declaration means any declaration of covenants, conditions and restrictions applicable to a Neighborhood within the Properties creating a Neighborhood Association or imposing use restrictions on the Lots or Units within the Neighborhood. Page 4

5 1.30 Neighborhood Expenses means the actual and estimated expenses incurred by the Association for the benefit of Owners of Lots or Units within a particular Neighborhood, which may include a reasonable reserve for capital repairs and replacements, all as may be specifically authorized from time to time by the Board and as more particularly authorized herein Neighborhood Representative means the elected officer from each Neighborhood Association who shall be the person authorized by the Neighborhood Association to cast all votes attributable to the Lots or Units in the Neighborhood Open Space means an exterior open area from the ground upward devoid of residential and commercial buildings, accessory structures and impervious areas; except however, those buildings and structures or areas used exclusively for recreational purposes may be included in the Open Space Owner means the record owner of the Association of fee simple title to any Lot or Unit located within the Properties. Owner shall not mean or refer to the holder of a Mortgage unless and until such holder has acquired title pursuant to foreclosure or a proceeding or deed in lieu of foreclosure; nor shall the term Owner mean or refer to any lessee or tenant of an Owner Owner means the record Owner of legal title to a Lot or Unit Parks means lands so designated on the Master Plan, which lands may or may not be further designated as Common Property or as Neighborhood Common Property Plat means the plat of Autumn Woods recorded at Plat Book 28, Pages for Unit One; Plat Book 29, Pages for Unit Two; Plat Book 31, Pages for Unit Three and Plat Book 32, Pages for Unit Four all in the Public Records of the County Primary Occupant means the natural person approved for occupancy of a Unit when title to the Lot or Unit is held in the name of two or more persons who are not husband and wife, or by a trustee or a business entity which is not a natural person. When used in reference to a Unit owned in one of the forms listed above, the term Primary Occupant shall be synonymous with the term Owner Prohibited Vehicle means any vehicle which is inoperable, unregistered, commercial, swamp buggy, stock car, or any other vehicle not normally used for highway travel, vehicles with body parts such as the hood, door, quarter panel, or bumper removed, unless the manufacturer s specifications allow such use. As used herein the term commercial means trucks and other vehicles which are used for business purposes including but not limited to, any vehicle which displays a company name or logo on its exterior, is adorned with signs, flags, advertisements or any type of lettering or graphic of a commercial nature or any vehicle with racks, ladders, staging, or other equipment or attachments of a commercial nature, including supplies used for commercial purposes, on or visible in the vehicle. Additionally, and notwithstanding the foregoing, any vehicle, by whatever name designated, which is used for transporting goods, equipment or paying customers shall be considered a commercial vehicle regardless of any definition found elsewhere to the contrary. Page 5

6 1.39 Property or Properties means all the real property which is subject to this Declaration Public Areas means all lands owned by the State of Florida or Collier County, Florida, which are to be maintained by the Master Association as all Area of Common Responsibility Recreational Vehicle means any boat, trailer, motorhome, travel trailer and camper or any similar vehicle Recreational Parcels mean those parcels of Common Areas which are shown as recreational areas on the Master Plan. The Recreation Parcels shall be owned by the Master Association and shall be used for the common benefit and enjoyment of the members of the Master Association, their invitees and guests and shall not be open to the general public Roadway means those portions of the Property designed on the Plat as a street, drive, road, or roadway and which are reserved for or dedicated to the Association, but specifically excluding any street or roadway dedicated to the public Rules and Regulations means the administrative rules and regulations governing the use, maintenance, management and control of the Common Areas, Common Property, Lots, Units and the operation of the Association as adopted by the Board of Directors pursuant to the Bylaws Surface Water and Storm Water Management System means a system contained in the Open Space consisting of swales, inlets, culverts, retention ponds, detention ponds, lakes, outfalls, storm drains and the like, and all connecting pipes and easements Tenant means any non-guest who is physically present or occupying a Unit for at least fourteen (14) days in any calendar month with or without consideration Unit means a residence for a single family detached houses on separately plotted Lots, an attached townhouse, villa or condominium unit Voting Member means the Neighborhood Associations as to all the votes allocated to Members pursuant to the Bylaws. 2. ASSOCIATION. 2.1 Membership-Master. Every Owner of a Lot or Unit shall be a member of the Master Association, and by acceptance of a deed or other instrument evidencing his ownership interest, each Owner accepts his membership in the Master Association, acknowledges the authority of the Master Association as herein stated, and agrees to comply with the provisions of this Declaration, the Articles and Bylaws, and the Rules and Regulations of the Master Association, as amended from time to time. 2.2 Membership-Neighborhood. Every Owner of each Lot or Unit will be a member of a Neighborhood Association as well as a Member of the Master Association. The Neighborhood Associations will be subject and subordinate to the Master Association and will be responsible for Page 6

7 performing the services and obligations imposed by the Master Association. Each Neighborhood will also be governed by its own separate Declaration, Articles, Bylaws and Rules. 2.3 Voting Rights. Each Neighborhood Association shall exercise the voting rights herein established on behalf of all Members whose Lots or Units are within the jurisdiction of such Neighborhood Association. On all matters requiring the votes of Members as may be described in this Master Declaration, or in the Articles of Incorporation or Bylaws, such votes shall be conducted by the Neighborhood Associations. The result of the vote shall be reported to the Master Association by the Neighborhood Representative of the Neighborhood Association and the total number of votes of each class of membership attributed to the Neighborhood Associations shall be cast accordingly. Members shall not have the right to cast votes directly in Master Association meetings and shall be bound by the outcome of the voting conducted by the Neighborhood Associations as reported and voted by the Neighborhood Representative. 2.4 Delegation of Management. The Association may contract for the management and maintenance of those portions of the Property it is required to maintain, and may authorize a licensed management agent to assist the Association in carrying out its powers and duties by performing functions which may include but are not limited to the submission of proposals, collection of Assessments, keeping of records, issuing estoppels and mortgagee questionnaires, enforcement of rules and maintenance, repair and replacement of the Common Areas and Common Properties with funds made available by the Association for such purposes. 2.5 Acts of the Association. Unless the approval or affirmative vote of the Owners is specifically made necessary by some provision of the law or the Governing Documents, all approvals or actions permitted or required to be given or taken by the Association may be given or taken by its Board of Directors, without a vote of the Owners. The Officers and Directors of the Association have a fiduciary relationship to the Owners. An Owner does not have the authority to act for or bind the Association by reason of being an Owner. 2.6 Official Records. The Association shall maintain its official records as required by Florida law. The records shall be open to inspection by members or their authorized representatives at all reasonable times. The right to inspect the records includes a right to make or obtain photocopies at the reasonable expense of the member seeking copies. The Board shall have the right to adopt reasonable Rules and Regulations concerning the frequency, number and length of requests to inspect the official records. 2.7 Purchase of Lots or Units. The Association has the power, but not the obligation, to purchase Lots or Units in connection with the foreclosure of an Association lien for Assessments, charges or fines or any other foreclosure of an interest that affects the Association s lien and to hold lease, encumber or convey them with such power to be exercised by the Board of Directors without prior approval of the members. 2.8 Interests in Real Property. The Association has the power to acquire property, both real and personal. The power to acquire personal property shall be exercised by the Board of Directors. Except as otherwise provided in Section 2.7 above and Section 2.11 below, the power to acquire, encumber or convey ownership interests in real property, including Recreational Facilities, whether Page 7

8 or not contiguous with the Property, shall be exercised by the Board of Directors only after approval by at least a majority of the Voting Interests. 2.9 Disposition of Personal Property. Any personal property owned by the Association may be sold or otherwise encumbered or disposed of by the affirmative vote of a majority of the entire Board of Directors Gatehouses and Entry Gates. Autumn Woods includes a gatehouse and entry gates which may be manned unless otherwise determined by the Board of Directors. The Association s responsibility for the cost to maintain and operate the entry gate and guardhouse shall be a Common Expense including maintenance, repair and replacement thereof. Owners agree to hold the Association harmless from any loss or claim arising within Autumn Woods from the occurrence of a crime or other act. The Owners acknowledge that the entry gates are designed to deter crime and not prevent it Bulk Agreements. The Board of Directors of the Association, by a majority vote pursuant to the applicable provisions of the Bylaws, shall have the power to enter into an agreement with an entity providing bulk services, including but not limited to, cable television and internet services on a bulk rate basis. Pursuant to such bulk rate agreement, every residential Lot or Unit within the property subject to this Declaration shall receive the bulk service specified in such agreement and any bulk rate fee or payment provided for in any such agreement which is to be paid by the Association to the provider shall be a Common Expense of the Association. 3. FUNCTIONS OF MASTER ASSOCIATION. 3.1 Area of Common Responsibility. The Master Association, subject to the rights of the Owners set forth in this Master Declaration, shall be responsible for the exclusive management and control of the Area of Common Responsibility and all improvements thereon (including, without limitation, furnishings and equipment related thereto and common landscaped areas), and shall keep the Area of Common Responsibility in good, clean, attractive, and sanitary condition, order, and repair, pursuant to the terms and conditions hereof and any agreement with another association or governmental agency. 3.2 Personal Property and Real Property for Common Use. The Master Association through action of its Board may acquire, hold, and dispose of tangible and intangible personal property and real property. 3.3 Powers, Duties and Services. The powers, duties and services of the Association include those set forth in Chapters 617 and 720, Florida Statutes, and in the Governing Documents, including but not limited to the following: Maintenance of Areas of Common Responsibility, Parks, Lakes, Open Space, Surface Water and Storm Water Management Systems, Recreation Parcels, Master Irrigation System, landscaping lands covered by the master Plan and all county properties and rightsof-way (to the extent permitted by any governmental authority) which are Page 8

9 located within or in a reasonable proximity to the Properties where deterioration of any of the described items would adversely affect the appearance of the Properties or the operation of systems appurtenant to Autumn Woods. (A) Maintenance of any real property located within Autumn Woods upon which the Master Association has accepted an easement for said maintenance. (B) Maintenance of beaches, Lakes and canals owned by or dedicated for the use of the Master Association within the Properties, as well as maintenance of waterbodies if and to the extent permitted or required by any contract or by any governmental authority having jurisdiction thereof. (C) Insect, pest and aquatic control where necessary or desirable in the judgment of the Board to supplement the service provided by the state and local governments. (D) Taking any and all actions necessary to enforce all covenants, conditions and restrictions affecting the Properties and to perform any of the functions or services delegated to the Master Association in any covenants, conditions or restrictions applicable to the Property or in the Articles or Bylaws. (E) Conducting business of the Master Association, including but not limited to administrative services such as legal, accounting and financial, and communication services informing Members of activities, notice of meetings, and other important events. (F) Establishing and operating the Architectural Review Committee Master [ARC-M]. (G) Adopting, publishing and enforcing such Rules and Regulations as the Board deems necessary. (H) Lighting of the roads, sidewalks, walking and bike paths as deemed necessary by the Board. (I) Conducting recreation, sport, craft, and cultural programs of interest to Members, their families, tenants and guests and charging admission fees for the operation thereof. (J) Constructing improvements in Common Areas, Common Property, and easements as may be required to provide the services as authorized in this Article. (K) Employment of personnel at the entry gates. All Owners, tenants, guests, and invitees of any Owner, as applicable, acknowledge that the Master Association and any Neighborhood Associations are not insurers and that each Owner, tenant, guest, and invitee assumes all risk of loss or damage to persons, to Units and to the contents of Units. (L) Upon resolution of the Board, each Neighborhood Association shall be responsible for paying through Neighborhood Assessments, costs of maintenance of Exclusive Common Areas associated with such Neighborhood Association as well as certain portions Page 9

10 of the Common Property within or adjacent to such Neighborhood Association, which may include, without limitation, buildings and amenities within the Neighborhood Association, the costs of maintenance of any right-of-way or greenspace or other Area of Common Responsibility within the Neighborhood, regardless of ownership and regardless of the fact that such maintenance may be performed by the Master Association. Any Neighborhood Association having responsibility for maintenance of all or a portion of the property within a particular Neighborhood Association pursuant to a Neighborhood Declaration shall perform such maintenance responsibility in a manner consistent with such Neighborhood Declaration. If any such Neighborhood Association fails to perform its maintenance responsibility as required herein and in any Neighborhood Declaration, the Master Association may perform it and assess the costs against all Units within such Neighborhood Association as provided in this Declaration. (M) The Master Association may also provide exterior maintenance upon any Unit or upon any structure containing Units which, in the reasonable opinion of the Board of Directors of the Master Association, requires such maintenance because said Unit or structure is being maintained in a manner inconsistent with the overall appearance and standards prevailing within Autumn Woods. The Master Association shall notify the Owner of said Unit or structure in writing, specifying the nature of the condition to be corrected and, if the Owner has not corrected the condition within fifteen (15) days after date of said notice, the Master Association (after approval of a majority of the Board) may correct such condition. Said maintenance shall include but not be limited to painting, repairs, replacement and maintenance of roofs, gutters, down spouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements. For the purpose of performing the exterior maintenance authorized by this Article, the Master Association, through its duly authorized agents or employees, shall have the right, after reasonable notice to the Owner, to enter upon any Unit or exterior of any Unit or other structures or improvements located in the Autumn Woods at reasonable hours on any day, except Saturday and Sunday; provided, however, the Master Association shall have the right of entry without notice if necessary to correct an emergency situation. The cost of such maintenance shall be assessed against the Unit upon which such maintenance is performed. (N) Establish use fees and rules and regulations respecting the use of Common Property and Master Association facilities by Members and persons other than Members. (O) Engage in any activities reasonably necessary and legally required to remove from the Areas of Common Responsibility, Common Property, Lakes, Surface Water and Storm Water Management System and Open Space any pollutants, hazardous waste or toxic materials, and by Special Assessment, if necessary, recover costs incurred from the owner(s) causing such condition or upon whose property such materials were located or generated. The functions and services allowed in this Section to be carried out or offered by the Master Association at any particular time shall be determined by the Board taking into consideration proceeds of assessments and the needs of the Members of the Master Association. Page 10

11 The functions and services which the Master Association is authorized to carry out or to provide may be added to or reduced at any time upon the affirmative vote of a majority of the Board; provided, however, the Board may not vote to reduce or abrogate the Master Association s responsibility to maintain Areas of Common Responsibility. The Master Association may provide the permitted services by contract with third parties, including agreements with applicable governmental agencies. 3.4 Pledge of Revenues for Loan. The Board shall have the power and authority to pledge the revenues of the Master Association as security for loans made to the Master Association which loans shall be used by the Master Association in performing its functions. 4. ASSESSMENTS. The provisions of this Section shall govern Assessments payable by all Owners of Lots or Units, for the Common Expenses of the Association not directly attributable to one of the Lots or Units. Such Assessments shall be in an equal amount for each Lot Owner or Unit Owner and are separate and distinct from Assessments due to a particular Neighborhood Association. 4.1 Covenant to Pay Assessments. Each Owner of a Lot or Unit covenants and agrees, and each subsequent Owner of any Lot or Unit (including any purchaser at a judicial sale), by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association: (A) The Owner s proportionate share of Assessments based on the annual budget adopted by the Board of Directors of the Association; (B) The Owner s proportionate pro rata share of Special Assessments for capital improvements or other Association expenditures not provided for by annual Assessments; (C) Any Individual Assessment charges properly levied against individual Owner(s) without participation from other Owners. 4.2 Liability of Payment. Assessments and charges shall be established and collected as provided herein and elsewhere in the Governing Documents. The Owner of each Lot or Unit, regardless of how title was acquired, is liable for all Assessments and charges, together with interest, costs and reasonable attorney s fees, installments and any monetary obligation thereon coming due while he is the Owner. Multiple Owners are jointly and severally liable for all monetary obligations. Whenever title to a Lot or Unit is transferred for any reason, the transferee is jointly and severally liable with the transferor for all unpaid Assessments and all charges, including but not limited to, administrative and attorney s fees, against the transferor, regardless of when incurred, without prejudice to any right the transferee may have to recover from the transferor any amounts paid by the transferee. No Owner may waive or otherwise escape liability for the Assessments and charges provided for herein by waiver or non-use of the Common Areas, by abandonment, or otherwise. Except as provided elsewhere in the Governing Documents, no Owner may be excused from the payment of Assessments unless all Owners are similarly excused. Assessments and other funds collected by or on behalf of the Association become the property of Page 11

12 the Association. No Owner has the right to claim, assign or transfer any interest therein except as an appurtenance to his Lot or Unit. No Owner can withdraw or receive distribution of his prior payments to the common surplus or Association reserves, except as otherwise provided herein or by law. The Board of Directors shall have discretion to compromise, as each situation may require, regarding late charges, interest, attorney fees, and other collection costs, but not as to Assessments. A compromise in one situation will not in any way require a compromise in any other situation. 4.3 Payment Due Date. Assessments shall be payable at such time as the Board of Directors determines. Receipt of any reminder or invoice is not a prerequisite for requirement for payment. The responsibility to timely pay any Individual Assessment or Special Assessment levied by the Association is independent of such receipt. 4.4 Purposes of Assessments. The Assessments levied by the Association shall be used for the purposes of promoting the general welfare of the Owners and residents of the Association, to operate, maintain, repair, improve, construct, and preserve (on a non-profit basis) the Common Areas owned by the Association for the benefit of its members, their guests, tenants and invitees; the Surface Water and Storm Management Systems; the Area of Common Responsibility; Parks; Lakes and Public Areas within the Property: and to perform all other duties and responsibilities by the Association as provided in the Governing Documents. Common Expenses also include the funds necessary to provide reserve accounts for: (A) Renovation or major repairs to the Common Areas and Common Properties and/or the installation of entranceway(s) as described herein; and (B) For emergency and other repairs required as a result of a storm, hurricane, fire, natural disaster or other casualty loss. 4.5 Share of Assessments, Regular, Special and Individual. Each Owner shall be liable for an equal share of the Regular and Special Assessments levied by the Association for Common Expenses of the Association. Thereafter the actual assessment applicable to Lots or Units within a Neighborhood shall be adjusted for any Neighborhood Assessments applicable exclusively to that Neighborhood. Special Assessments applicable to all Lots or Units shall be established in the same manner; however, Special Assessments applicable to a particular Lot or Unit or Neighborhood for expenses attributable exclusively to such Lot or Unit or Neighborhood shall be determined by dividing the applicable expense by the number of Lots or Units to which it applies. All monetary fines assessed against an Owner pursuant to the Governing Documents, or any expense or charge of the Association attributable to or on behalf of an individual Owner pursuant to the Governing Documents, shall be an individual Assessment and shall become a lien against such Owner s Lot or Unit which may be foreclosed or otherwise collected as provided herein. 4.6 Special Assessments. In addition to the Annual Assessments authorized herein, the Master Association may levy in any fiscal year a Special Assessment applicable to that fiscal year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas and Common Properties, including Page 12

13 fixtures and personal property related thereto; provided, such assessment shall have the affirmative vote or written consent, or combination thereof, at least a simple majority of the votes of each class of Members as evidenced by the results of votes taken by the Neighborhood Associations. The obligation to pay Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved, if the Board so determines. 4.7 Lien. The Association has a lien on each Lot or Unit for unpaid past due Association Assessments, and charges, together with interest, late payment penalties, costs and reasonable attorney fees incurred by the Association in enforcing this lien. The lien is perfected by recording a claim of lien in the public records of Collier County and shall relate back to the recording date of the original Declaration of the Association, which claim of lien shall state the description of the property encumbered thereby, the name of the record Owner, the amounts then due and the dates when due. The claim of lien must be signed and acknowledged by an Officer or agent of the Association. The lien shall continue in effect until all sums secured by said lien have been fully paid, and the lien satisfied or discharged. The claim of lien shall secure all unpaid Assessments, fines and charges, interests, late fees, costs and attorney fees which are due and which may accrue or come due after the recording of the claim of lien and before the entry of a final judgment of foreclosure. Upon full payment, the person making payment is entitled to a satisfaction of the lien. 4.8 Foreclosure of Lien. The Association may bring an action in its name to foreclose its lien for unpaid Assessments or charges upon a Lot or Unit by the procedures and in the same manner as is provided in Section , Florida Statutes, as amended from time to time. All unpaid Assessments and charges also constitute a personal obligation of the Owners and the Association may, in addition to any other remedy herein provided, bring an action at law against any Owner liable for unpaid monetary obligations, charges or Assessments. If final judgment is obtained, such judgment shall include interest on the Assessments as above provided and reasonable attorneys fees to be fixed by the Court, together with the costs of the action, and the Association shall be entitled to recover any attorney fees in connection with any appeal of such action. 4.9 Priority of Liens. The Association s lien for unpaid charges, Assessments and all other amounts shall be subordinate and inferior to any recorded institutional first mortgage, unless the Association s claim of lien was recorded before the mortgage was recorded, but shall relate back to the date the original Declaration was recorded in the Public Records and be superior to, and take priority over, any other mortgage, lien or interest recorded after that date. The above subordination shall in no way extinguish the liability of an institutional first mortgagee for any monetary obligations owed to the Association. Any Lease of a Lot or Unit shall be subordinate and inferior to the lien of the Association, regardless of when the Lease was executed Application of Payments; Failure to Pay; Interest. Assessments, charges and installments thereon paid on or before fifteen (15) days after the date due shall not bear interest, but all sums not so paid shall bear interest at the highest rate allowed by law, calculated from the date due until paid. In addition to interest, the Association may also charge an administrative cost and a late payment fee in an amount not to exceed the maximum amount allowed by law. Assessments, charges and installments thereon shall become due, and the Owner shall become liable for said Page 13

14 Assessments or installments, on the date established in the Bylaws or otherwise set by the Board of Directors for payment. Any restrictive endorsement on or accompanying a payment notwithstanding, all payments made to the Association by or on behalf of an Owner shall be applied first to interest, then, to late fees, then to costs (including but not limited to collection charges imposed by the management company, attorney and court) then to attorney fees, then to fines (if allowed by law), then to other charges, and then to the oldest outstanding unpaid Regular, Special or Individual Assessments. No payment by check is deemed received until the check has cleared. The Association shall also have the right to require any Tenant occupying the Lot or Unit during any period in which Assessments for the Lot or Unit are due but have not been paid to the Association to pay the rent to the Association as provided below Acceleration. If any Special Assessment or installment of a regular Assessment as to a Lot or Unit becomes more than thirty (30) days past due, and a claim of lien is recorded, the Association shall have the right to accelerate the due date of the entire unpaid balance of the Lot or Unit s Assessments for that fiscal year. The due date for all accelerated amounts shall be the date the claim of lien was recorded in the public records. The Association s claim of lien shall secure payment of the entire accelerated obligation, together with interest on the entire balance, attorney fees and costs as provided by law; and said claim of lien shall not be satisfied or released until all sums secured by it have been paid. The right to accelerate shall be exercised by sending to the delinquent Owner a notice of the exercise, which notice shall be sent by certified or registered mail to the Owner s last known address, and shall be deemed given upon mailing of the notice Removal of Property. After the Association successfully performs a foreclosure on the property, if the Owner does not remove personal property from the foreclosed premise, such property will be deemed forfeited to the Association and the Association may authorize removal and may sell or donate such forfeited property after ten (10) days written notice by certified mail addressed to the Owner at the last known address or at such address on record as provided to the Association by the Owner. Such remedy shall be in addition to all other remedies available to the Association under applicable laws, Rules and Regulations including the right to compel removal of the property and right to impose any and all fines Capital Improvement Fee. A Capital Improvement Fee was established with an effective date of July 1, The amount of the Capital Improvement Fee shall be One Thousand Five Hundred Dollars ($1,500.00). On the third anniversary, namely July1, 2020, and each three (3) year cycle thereafter, the Board of Directors shall have the authority to determine and approve an adjustment to the Capital Improvement Fee in an amount not to exceed ten percent (10% ) per annum thereof. The Capital Improvement Fee shall be due and payable to Autumn Woods Community Association, Inc. by the transferee upon the conveyance of a Lot or Unit or Condominium Unit by a member and collected at closing. The estoppel letter from the Association shall include the Capital Improvement Fee. Funds derived from the Capital Improvement Fee shall be deposited in a specially created Capital Improvement account and shall be used for capital projects only. Payment of the Capital Improvement Fee shall be the legal obligation of the new member and shall be collected at closing by the settlement agent on behalf of the Association and secured by a continuing lien in the same manner as unpaid assessments as provided for elsewhere in this Declaration. For purposes of this Article, the term conveyance shall mean the transfer of Page 14

15 record legal title to a Lot or Unit or Unit by deed or other authorized means of conveyance with or without valuable consideration and shall also refer to a transfer of possession and beneficial ownership by means of an agreement for deed The following conveyances shall be exempt from payment of the Capital Improvement Fee: (a) to the owner s estate, surviving spouse or other heirs, resulting from the death of an owner; (b) to a trustee or the owner s current spouse solely for bona fide estate planning or tax reasons: (c) between spouses as a result of a divorce proceeding; (d) to a transferee when the transfer is a gift from the transferor; (e) to a mortgagee or the Association pursuant to a Final Judgment of Foreclosure or Deed in Lieu of Foreclosure; and (f) to a transferee who is, at the time of the transfer, already an owner/member of the Association by reason of his/her/its ownership of another Lot or Unit or Unit within Autumn Woods. Any subsequent transfer that is not exempt shall be subject to the provisions of this Section Mortgage Foreclosure. Unless otherwise provided by law, if the mortgagee of a first mortgage or an institutional mortgage of record acquires title to a Lot or Unit as a result of foreclosure of the mortgage, or as the result of a deed given in lieu of foreclosure, such acquirer or title shall be jointly and severally liable for all past due monetary obligations attributable to the Lot or Unit, or to the former Owner of the Lot or Unit, which came due prior to the mortgagee s acquisition of title or as required by Section , Florida Statutes, including, but not limited to, Assessments, charges, interest, late fees, costs (including any administrative or collection costs) and attorneys fees. Any unpaid share of Common Expenses for which such acquirer is exempt from liability becomes a Common Expense collectible from all Owners, including such acquirer and his successors and assigns. All other persons or entities acquiring title to a Lot or Unit as the result of a foreclosure or other court ordered sale shall be obligated to pay all past due Assessments and monetary obligations due and owing at the time of sale regardless of whether or not the Association has filed a lien. No Owner or acquirer of title to a Lot or Unit by foreclosure, or by a deed in lieu of foreclosure, may be excused from the payment of any Assessments coming due during the period of his ownership. 5. EASEMENTS. 5.1 Appurtenant Easements. Subject to the restrictions found elsewhere in this Section 5, the Owner of each Lot or Unit, their Guests, Tenants and invitees, shall have as an appurtenance to their Lot or Unit a perpetual nonexclusive easement for ingress and egress over, across and through the Common Areas, for the use and enjoyment of all Recreational Facilities, such use and enjoyment to be shared in common with the other Owners, their Guests, Tenants and invitees, subject to the provisions of this Declaration, and except for such Exclusive Common Areas that may be restricted by a Neighborhood Association. 5.2 Utility Easements. The Association shall have the right to grant such electric, telephone, gas, water, sewer, irrigation, drainage, central service or other easements, and to relocate any existing easement in any portion of the Property as the Association shall deem necessary or desirable, for the proper operation and maintenance of the Property, or any portion thereof or for the general health or welfare of the owners for the purpose of carrying out any provisions of this Page 15

16 Declaration. Such easements or the relocation of existing easements may not prevent or unreasonably interfere with the use of the Lots or Units. Each Lot or Unit, shall be subject to an easement in favor of all other portions of the Property to locate utilities and provide drainage and support and to use, maintain, Repair, alter and replace structural supports, roofs, pipes, wires, ducts, vents, cables, conduits, public utility lines and other similar or related facilities serving other portions of the Property. Each Lot or Unit, shall be subject to all easements recorded in the Official Records of Collier County, whether by recorded instrument, plat dedication or otherwise. 5.3 Landscape Buffer Easements. The Association shall maintain all landscape buffer easements. 5.4 Subordination. Notwithstanding any of the foregoing to the contrary, it is understood that these covenants and restrictions are subordinate, and will be subordinate without the necessity of any other instrument, to any existing easement or easements to any public or quasi-public utility for the installation and maintenance of service lines in the Common Areas. 5.5 Extent of Easements. Every Owner and family member, guest, lessee, agent or invitee of an Owner shall have a permanent and perpetual, nonexclusive easement for ingress and egress over, enjoyment in, and use of Association Property within the Property, in common with all other Owners, their family members, guests, lessees, agents and invitees, which easement shall be appurtenant to, and shall pass with title to each Owner s Lot or Unit. This right shall be subject to the following conditions and limitations: (A) The right and duty of the Association to reasonably limit the number of Guests, invitees or Tenants of an Owner using the Association property. (B) The right and duty of the Association to levy Assessments against each Lot or Unit for the purpose of Maintaining, Repairing and Replacing the Property and facilities thereon in compliance with the provisions of this Declaration and the restrictions on portions of the Property. (C) The right of the Association to establish uniform Rules and Regulations pertaining to the use of the Association Property and enhancing the aesthetic uniformity of the Property. (D) The right of the Association for the purpose of improving the Property and facilities thereon, to pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred provided that the rights of such lender shall be subordinated to the use rights of the Owners. (E) The right of the Association to dedicate, release, alienate, or transfer all or any part of the Association Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Association. Page 16