EXHIBIT A FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OAK LANDING The Declaration of Covenants, Conditions and Restrictions for Oak Landing is hereby amended as 1. Article VI, COVENANT FOR MAINTENANCE ASSESSMENTS, Section 10, Subordination, is hereby amended as 10. Subordination. The assessment lien shall be superior to all other liens (including, without limitation, the lien of any second mortgage); except that the lien of the Association is subordinate only to the lien of any first priority, purchase money mortgage of an institutional lender and any other lien which by law is superior to the Association s lien. Sale or transfer of a Lot does not affect the assessment lien, except only to the extent that the liability of a first mortgagee or its successor or assignee as a subsequent holder of the first mortgagee who acquires title to a Lot by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee s acquisition of title, is limited only as provided for in Section 720.3085(2)9c), Florida Statutes, as may be amended from time to time. To the extent the Association s lien is extinguished by the transfer of a unit to a first mortgagee by foreclosure or deed in lieu of foreclosure by such first mortgagee, such transfer shall not prejudice the right of the Association to collect any unpaid amounts from the owners personally liable for such amounts. Any such mortgagee which obtains title to a Lot by foreclosure of a mortgage, or by voluntary conveyance in lieu of such foreclosure, shall not be liable for the uncollected assessments or interest, late charges or collection costs pertaining to such Lot or chargeable to the former Owner thereof which became due prior to the acquisition of title by said mortgagee, and no mortgagee shall have the obligation to collect any such sums. Furthermore, any such Such unpaid amounts shall be deemed a Common Expense collectible from all Owners, including the acquiring mortgagee, on a pro-rata basis. Any such transfer to or by a mortgagee shall not relieve the transferee of responsibility nor the Lot from the lien for assessments thereafter falling due. 2. Article IX, RESTRICTIVE COVENANTS, Section 4, Animals, is hereby amended as 4. Animals. Birds, fish, dogs, cats, reptiles, insects and all other nonhuman organisms (collectively, Animals ) may be kept as pets only, and shall not be held or offered for sale or maintained or bred for any commercial use. An Occupant (for purposes hereof deemed to mean that there may only be one Occupant of a Home, regardless of the number of joint owners or residents) may maintain no more than either two (2) 2 dogs and/or or two (2) cats; or, if a combination of both cats and dogs are maintained on a Lot, then no more than a total of one (1) dog and one (1) cat; may be maintained on a Lot at any time. Canine breeds designated as high risk or uninsurable by insurance standards
shall not be permitted on the property Animals shall be sheltered inside Dwellings. The Board of Directors is hereby specifically authorized to adopt rules and regulations which limit the size and type or breed of dogs permitted in the Property. No separate or exterior shelter for Animals shall be permitted. All Animals must be kept in a fully fenced area or leashed when outside and shall not be permitted to run loose. The use of electronic pet collars are subject to prior approval of the Architectural Review Board. Persons in custody or control of an animal are required to clean up any feces deposited either on their own Lot, upon the private property of others or the common areas of the Association. No Animals shall be permitted to remain on the Property if it or they disturb the tranquility of thereof, if it or they are unlawful, dangerous, annoying, or a nuisance to or destructive of wildlife, other Animals, property or residents., or if it or they are specifically excluded from the Property by the Board after notice and hearing. Where more restrictive than the foregoing, all applicable leash laws shall be complied with at all times within the Property. 3. Article IX, RESTRICTIVE COVENANTS, Section 7, Vehicles, is hereby amended as 7. Vehicles and Parking. No vehicle may be parked on the Property except within garages or on paved driveways, except that on-street parking may be permitted only during such hours designated by the Board of Directors from time to time and in its discretion. No inoperative vehicles shall be allowed to remain on the Property in excess of forty-eight (48) hours unless kept in an enclosure and not visible from the street or any other Lot. No commercial vehicles, except those present on business, shall be parked on any part of the Property. For purposes of this provision, commercial vehicles shall mean cars, trucks, or any other motorized vehicles, and trailers that may be attached thereto, which are used primarily for business rather than personal purposes. No trailers, boats, campers, trucks, mobile homes, motorized recreational vehicles or motorcycles may be parked in the Property unless parked inside a garage or behind the Dwelling, provided said vehicle cannot be seen from any street. The Board of Directors is hereby specifically authorized to adopt and amend from time to time additional rules and regulations regarding the parking of vehicles in the Property, further defining the terms vehicle, camper, recreational vehicle and commercial vehicle as used herein. In addition to all other enforcement remedies available to the Association under this Declaration, the Association s Bylaws, Articles of Incorporation or by law, the Association is specifically authorized to tow any vehicles, trailers, or boats parked on the Common Area, including the roads and streets within the Property, in violation of this Declaration or properly promulgated rules and regulations, without any additional notice to the owner thereof, and at the sole expense of the owner of such vehicle, trailer or boat. 4. Article IX, RESTRICTIVE COVENANTS, Section 6, Storage Receptacles, is hereby amended as 6. Storage Receptacles and Sheds. No fuel tanks or similar storage receptacles may be exposed to view, and same may be installed only within an approved accessory building, within a screened area, or buried underground, and shall otherwise comply with standards established from time to time by the ARB or
applicable law. No sheds, including garden sheds, tool sheds, utility sheds, lawn sheds, storage sheds or any other type of sheds, whether permanent or temporary; portable or stationary, shall be permitted in the Property. 5. Article IX, RESTRICTIVE COVENANTS, Section 9, Signs, is hereby amended as 9. Signs. No signs, advertisements, billboards, solicitation or advertising structures or materials of any kind shall be displayed or placed upon any Lot, including upon any Dwelling or other structure on a Lot or upon or within any vehicle on a Lot; provided, however, street numbers, home security system monitoring signs and name signs on Lots and one sign containing not more than four (4) square feet of surface area per side (2 sides maximum) and used solely in connection with the marketing of the affected Lot for sale or lease shall be permitted ( Permitted Signs ). The Association is hereby specifically authorized to adopt, as part of its Planning Criteria, additional restrictions regarding the number, size, type, location and color of such Permitted Signs, to the extent not inconsistent herewith. Without limiting the generality of the foregoing, such Planning Criteria may expressly limit and restrict the placement of some or all Permitted Signs, such as signs marketing the Lot for sale or lease, to the window(s) of a Dwelling only. Declarant or the Association may enter upon any Lot and remove and destroy any sign which violates this section. This section shall not apply to Declarant or to any residential building doing business in the Property provided that any such builder first obtains Declarant s written approval of any such structures or materials prior to installing same, such approval to be granted or denied by Declarant in Declarant s sole discretion. Such rights of the Declarant and residential builders shall survive the turnover of control of the Association to the Class A Members and shall continue for so long as the Declarant or any such builders owns any Lots within the Property. 6. Article IX, RESTRICTIVE COVENANTS, Section 16, Fences, is hereby amended as Fences and Walls. Except for walls constructed by Declarant, there shall be no fence or wall permitted on any Lot unless it meets the requirements below and any fencing standards adopted and revised from time to time as part of the Planning Criteria of the ARB, which standards may address various elements including, but not limited to size, height, material, color, construction methods and location; and has been approved by the ARB as to size, material, color, location, etc. Landscape buffers may be required by the ARB on the outside of any fences and walls. All fences must be wood or PVC material simulating wood, and installed with the posts and supports on the inside. The ARB may adopt fencing standards for use by the homeowners from time to time. No fence or wall may be constructed in the following areas of any Lot: (i) between the street along the front of the Dwelling and a straight line being the extensions of the surface of the furthest set back portion of the front side of the Dwelling to each of the two side Lot lines; (ii) between the street facing a side of the Dwelling and a straight line being the extension of the surface of the furthest set back portion of the side of the Dwelling to the rear Lot line; or (iii) in any drainage, landscape or other easement
area shown on any plat of the Property. (Any fence or wall within a drainage easement area must comply with Section 11 above). Notwithstanding anything herein to the contrary, so long as Declarant or builders designated by Declarant maintain any model homes within the Property, they shall have the right to fence all or any part of any Lots being used for parking for the term of such use. 7. Article IX, RESTRICTIVE COVENANTS, Section 18, Use, Rentals, is hereby amended as 18. Use, Rentals. (a) Lots shall be used for single family residential purposes only. The term single family means one or more persons occupying a single Lot, provided that unless all such persons are related to each other by blood, marriage or adoption, no such single family shall contain over two unrelated adults. Owners may rent or lease Dwellings for periods of not less than six months and not more than one (1) year. An Owner, at least seven (7) days prior to entering into a written Lease Agreement shall deliver written notice of the lease to the Association, together with a copy of the proposed written lease and a processing an application fee established by the Board of Directors (unless modified by the Board of Directors, the application processing fee shall be $50). The tenant shall complete such information form as may be required by the Association and Owner shall deliver the same to the Association prior to commencement of the tenancy. Leases must be for the entire home and individual rooms within a home may not be leased. All lease agreements shall provide for the terms, including specifically the rights, restrictions, requirements and authority, of this Section 18, and if a lease agreement fails to so provide, the provisions of this Section 18 shall be deemed to be incorporated and included by reference into the lease agreement. (b) Enforcement Against Tenant. The tenant and all occupants shall be subject to the Governing Documents. Each tenant and occupant under such lease agreement is just as responsible to comply with the Governing Documents as is the Owner of such Lot. The Association shall have the right to enforce its rules and regulations and the restrictions set forth in this Declaration, the Articles of Incorporation, the Bylaws, the Planning Criteria, the Rules and Regulations and any other policies adopted by the Association against such tenant and the Owner but without any obligation to do so against tenant, such enforcement being the sole responsibility of the Owner. Leases must be for the entire home and individual rooms within a home may not be leased. The Owner agrees to remove, at the Owner s sole expense, by legal means including eviction, his or her tenant should the tenant refuse or fail to abide by and adhere to this Declaration, the Articles of Incorporation, the Bylaws, the Planning Criteria, the Rules & Regulations and any other policies adopted by the Association (the Governing Documents );Notwithstanding the foregoing, should an Owner fail to perform his or her obligations under this Section, the Board of Directors and the Association each (as third party beneficiaries) are hereby granted a power of attorney by such Owner to enforce against the tenant(s) the provisions of such lease and/or the Governing Documents. Such enforcement may be by terminating the lease and/or pursuing eviction under Chapter 83, Florida Statutes, as amended from time to time, injunctive relief and/or damages.
Should the Association seek to enforce the provisions of the lease and/or the Governing Documents, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, including attorneys fees and costs for any work done prior to filing a law suit, during a law suit and through appeal. the Association shall have the right, but not the obligation, to evict such tenant and the costs of the same shall be the responsibility of the Owner. (c). Financial Responsibility. The Owner and tenant(s) shall be held financially responsible for any damages to all Association property caused by the Owner or tenant, including the Owner s or tenant s family, guests, invitees, tenants or employees. If such costs are not immediately paid by the Owner and/or tenant of the Lot, such funds shall bear interest at the highest rate permitted by law. The obligation of the Owner and/or tenant to pay or reimburse the Association such funds will, if not immediately paid, give rise to a cause of action against the Owner and/or tenant pursuant to this Declaration. 8. Article IX, RESTRICTIVE COVENANTS, Section 21, Tree Removal and Landscaping, is hereby amended as 21. Tree Removal and Landscaping. Except by Declarant, trees measuring six (6) four (4) inches or more in diameter at three (3) feet or more above ground level shall not be cut or removed without the prior written consent of the ARB; provided, however, trees that pose an imminent hazard to persons or property ( hazardous trees ) located within six (6) feet of the location of the Dwelling as approved by the ARB may be removed without prior approval. The ARB is expressly authorized to adopt and amend from time to time, as part of its Planning Criteria, a definition of the term hazardous trees, and to impose certain requirements, including documentation and/or photographic evidence and other criteria or procedures that may be required to establish a particular tree as a hazardous tree under this Section. More restrictive arbor ordinances or environmental laws shall control in the event of conflict herewith. There shall be no removal of trees or Lot clearing, other than clearing of underbrush, until the ARB has approved in writing a general, conceptual landscape plan that designates those existing trees to be retained and preserved on the Lot. All Lots shall have fully sodded front and side lawns except in approved landscape or retained natural areas, or except as landscaping guidelines are expressly modified, from time to time, by the ARB. Unless prohibited by law, natural vegetation shall be finished by removal of underbrush and addition of mulch. Notwithstanding the foregoing, Declarant intends to leave natural areas natural and undisturbed to the extent reasonable. 9. Article XIV, ENFORCEMENT, Section 3, Attorneys Fees, is hereby amended as 3. Attorneys Fees. In the event the Association, Declarant or any Owner brings suit to enforce any provision hereof or for damages on account of any breach of this Declaration or any warranty, covenant, condition, requirement or obligation contained herein, Declarant or any other Owner the prevailing party in any such litigation will be entitled to recover from the other party(ies), in addition
Oak001 amn2d to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation, including without limitation reasonable attorneys fees incurred prior to litigation, through trial and any appeals. If the Association employs an attorney to enforce the provisions of this Declaration, the Association s Articles of Incorporation, Bylaws, Planning Criteria or rules and regulations of the Association, regardless of whether suit is brought, the costs and expenses of such enforcement, including reasonable attorneys fees, may be assessed against such Owner s Lot as provided in Article VI, Section 7 of this Declaration.