INSTRUCTIONS FOR COMPLETING THE LIMITED PROXY FOR THE PURPOSE OF VOTING ON PROPOSED AMENDMENTS TO THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS OF PLUM HARBOR HOMEOWNERS ASSOCIATION, INC. TO BE CONSIDERED AT THE MEETING OF MEMBERS OF PLUM HARBOR HOMEOWNERS ASSOCIATION, INC. TO ALL MEMBERS: On May 20, 2015 at 6:30 PM at the Main Pool a Meeting for the association will be held. At this meeting three (3) proposed Amendments to the DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR PLUM HARBOR HOMEOWNERS ASSOCIATION, INC. will be considered. The members shall consider the proposed Amendments appearing on the enclosed. In order for any Amendments to pass, it is necessary to have SIXTY SEVEN PERCENT (67%) YES vote of unit owners in good standing. It is therefore important that you either attend the meeting or submit the enclosed proxy. If you do not plan to attend the meeting in person, or even if you do plan to attend, you are encourage to complete the proxy and return it by mail or in person to Lindsay-Taylor Property Management, Inc. at 4300 N. University Drive, Ste. A102, Lauderhill, FL 33351 prior to the meeting. In this way your proxy can be counted toward the quorum requirement for the meeting and, if you are not in attendance, your vote can be cast as you have instructed. If you do attend the meeting, you can then revoke your proxy and vote in person if you wish or leave your proxy in place; either way your vote will be counted. To complete the proxy you must Insert the name of the person whom you wish to act as your proxy in the blank space provided. This must be someone who will attend the meeting. If you do not know someone who will attend the meeting or if you leave the space blank, then the Associations s Secretary will cast your vote as you have indicated in the proxy. Be sure to select YES or NO to each of the items listed on the proxy so your vote will count. Finally, you should sign and date the proxy before returning it. If you do not sign your proxy, it cannot be counted. If for any reason your designated proxy cannot attend the meeting, they must fill in the Substitution of Proxy section. We realize that some of the language may be confusing so the following is a quick explanation of each issue. You will notice the direction given at the beginning of each amendment states that the underlined section is what we are proposing to include. Text with strike through is being eliminated and text without the underline or strike through is exist and not being changed.
Please remember that where the word Association is mentioned, it is understood to mean each unit owner. You are the Association. Item 1) In laymen s terms, this amendment means that fees incurred by the Association to make sure that a unit does not fall into disrepair will constitute an individual assessment against the unit owner. It expands the Association s ability to recover money from a unit owner that, but for their inaction, the Association would not have had to spend. At the moment we have at least one unit we are caring for in this capacity. Item 2) As our bylaws are currently written, any outstanding amount that is owed on a unit owner s account does not transfer over to a new/subsequent unit owner upon the sale of that unit. The new unit owner starts out with a clean slate and the Association has to write off any uncollected funds. This language has been stricken to mirror the language that is contained within FL Statute 720 which governs Home Owner Associations. The Statute only provides a 1 st mortgagee with protection from debts incurred by the prior unit owner. So when a 1 st mortgagee becomes the owner of the property (read Bank Foreclosure) they are only required to pay back to the Association the lesser of 1% of the original mortgage debt or 12 months worth of assessments. The passage of this amendment allows the Association to collect as much money as possible from a delinquent unit owner and their successors as the law permits. Item 3) This amendment gives the Association a) the right to begin eviction proceedings against tenants who flagrantly commit violations of the rules and regulations of the property subject to the usual violation warnings and right to grievance. b) the right to limit rental units to 20% of the total number of units. c) the right to require the owner to apply for a lease agreement for new and renewing leases; failure to do so resulting in a violation. d) the right to assess a $250 common property damage deposit. e) the right to require a unit owner to not rent the unit for 12 months after purchase. f) the right to limit occupancy of each unit.
NOTICE OF PROPOSED AMENDMENTS/ADDITIONS TO THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR PLUM HARBOR HOMEOWNERS ASSOCIATION, INC. Notice is hereby given of a meeting of the unit owners of Plum Harbor Homeowners Association, Inc. on May 20, 2015 at 7:00 PM at the Main Pool for the purpose of making the following Amendment(s) to the Declaration of Covenants, Restrictions and Easements for Plum Harbor Homeowners Association, Inc. 1. Proposed: Amend Article 7, Section 7.02 of the Declaration of Covenants as follows: (Deletions indicated by strikeout, additions by underlining) Notice of Lien. No action shall be brought to foreclose the Assessment Lien herein created unless at least thirty (30) days has expired following the date a Notice of Lien is deposited in the United States mail, certified or registered, postage prepaid, addressed to the Owner of the Lot, and a copy thereof has been recorded by the Association in the Public Records of the County. The Notice of Lien must recite a good and sufficient legal description of any such Lot, the record Owner thereof, the amount claimed (which may at the Association s option include interest on the unpaid Assessment at the rate set forth in Section 7.01 hereof, plus reasonable attorneys fees and expenses of collection in connection with the debt secured by said Assessment Lien and late charges), and the name and address of the Association as claimant. Such Notice of Lien shall be signed and acknowledged by a duly authorized officer or agent of the Association. Filing of the Notice of Lien shall not be a prerequisite to creating the lien (which is created by this Declaration), nor shall the lien s priority be established by such Notice of Lien (priority being based on the date of recording this Declaration, subject to the provisions of Section 7.03 hereof). The Assessment Lien shall continue until fully paid or otherwise satisfied, and shall concern any and all Assessments, costs, charges, interest and reasonable attorneys fees which accrue subsequent to filing the Notice of Lien to the fullest extent of the law pursuant to Chapter 720 of Florida Statutes, as may be amended from time to time. Any reasonable attorneys fees, reasonable attorneys costs and/or other fees which the Association may charge including but not limited to late fees, interests, fines and charges incurred by an Association to maintain a unit owner s unit which falls into disrepair shall be deemed an individual assessment against the owner to whom the work is attributed.
2. Proposed: Amend Article 7, Section 7.03 of the Declaration of Covenants as follows: (Deletions indicated by strikeout, additions by underlining) Subordination of the Lien to Institutional Mortgages. The Association s claim of lien relates back to the date this Declaration was recorded in the Public Records of Broward County, Florida. Anything herein to the contrary notwithstanding, the lien securing Assessments provided for in this Declaration shall be subordinate to the lien of any Institutional Mortgage, which is arms-length, made in good faith and not intended to avoid said lien, and recorded prior to the date on which a Notice of Lien is recorded. The sale or transfer of any Lot shall not affect the Assessment Lien. However, the sale or transfer of any Lot pursuant to foreclosure of such Institutional Mortgage or deed in lieu thereof (if such Institutional Mortgage was recorded prior to the recording of a Notice of Lien) shall extinguish the Assessment Lien as to installments and other sums which became due prior to such sale or transfer. Such sale or transfer shall also extinguish the personal liability for such Assessments as to such transferees; provided, however, no sale or transfer shall relieve such Lot from liability for any installments of Assessments thereafter becoming due or from the lien thereof. Where an Institutional Mortgagee holding a first mortgage of record has taken title to a lot by foreclosure sale or deed in lieu of foreclosure, said Institutional Mortgagee, regardless of how it takes title, shall be liable for all assessments to the full extent provided by the provisions of Chapter 720 of the Florida Statutes as amended and or renumbered from time to time. 3. Proposed: Amend Article 10, Section 10.17 of the Declaration of Covenants as follows: (Deletions indicated by strikeout, additions by underlining) 10.17 Leasing of a Lot. Lots shall not be leased without the prior written approval of the Association, subject to leasing guidelines established by the Board from time to time. All leases shall provide that the Association shall have the right to terminate the respective lease and grants the Association the right, in their sole discretion, to commence an action for the eviction/removal of an owner s tenant, their occupant, guests and family members in the event of a default by an owner s tenant, their occupant, guests and family members in observing any of the provisions of this Declaration, and applicable Rules duly adopted by the Board from time to time. Owner hereby appoints Association as an agent authorized to commence eviction actions on Owner s behalf for failure of an owner s tenant, their occupant, guests and family members to observe any of the provisions of this Declaration, and applicable Rules duly adopted by the Board from time to time.
At no point in time may the association have over twenty percent (20%) of the total number of units within the Association rented. When a lease is concluded, the Owner must resubmit a new or renewal lease for approval and is not exempt from this provision. Said renewal and/or new lease must also contain a security deposit in the amount of two hundred and fifty dollars ($250.00) for purposes of protecting the Common Areas. A unit owner, regardless of how title is received, shall not rent, lease or otherwise convey their property except in the instance of a sale of the property for a period of twelve (12) months from the time they become owner. The twelve (12) month period shall commence from the date of recording of the deed in the public records of Broward County. Notwithstanding the lease of an Owner s Lot or liabilities and obligations of the Owners created hereunder, including the Rules, shall continue unabated. Each Unit shall be used as a single family residence only, and no commercial occupation or activity is permitted to be carried on in any Unit except as such occupation or activity is approved in writing by Association, in its sole discretion. Under no circumstance may more than one family reside in a Unit at one time. Family or words of similar import used herein shall be defined as two or more persons related by blood, marriage, legal adoption and/or unmarried couples. In no event shall occupancy (including the temporary occupancy by visiting guests) exceed two (2) persons per bedroom. Any violation of this provision by a tenant, their guests, occupants and/or family members will be deemed a material breach of the lease and entitle the Association to any remedies described herein. EXCEPT AS PROPOSED ABOVE, ALL OTHER TERMS AND CONDITIONS OF THE DECLARATION SHALL REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT ACCORDING TO THEIR TERMS. THE BOARD OF DIRECTORS URGES ALL UNIT OWNERS TO VOTE. If you are unable to attend the meeting, please sign the enclosed limited proxies and return them by mail or in person to Lindsay-Taylor Property Management, Inc., 4300 N. University Drive, Ste A102, Lauderhill, FL 33351
LIMITED PROXY The undersigned, owner(s) or designated voter of (Print address) in Plum Harbor Homeowners Association, Inc. appoints (PRINT NAME OF PROXYHOLDER) or Secretary of the Board of Directors of Plum Harbor Homeowners Association, Inc., as my proxyholder to attend the meeting of the members of Plum Harbor Homeowners Association, Inc., to be held May 20, 2015, at 7:00 PM, in Tamarc, Florida. The proxyholder named above has the authority to vote and act for me to the same extent that I would if personally present, with power of substitution, except that my proxyholder s authority is limited as indicated below: GENERAL POWERS (You may choose to grant general powers, limited powers or both. Check General Powers if you want your proxyholder to vote on other issues which might come up at the meeting and for which a limited proxy is not required). I authorize and instruct my proxy to use his or her best judgment on all matters which properly come before the meeting and for which a general power may be used. LIMITED POWERS (FOR YOUR VOTE TO BE COUNTED ON THE FOLLOWING ISSUES, YOU MUST INDICATE YOUR PREFERENCE IN THE BLANK(S) PROVIDED BELOW) I SPECIFICALLY AUTHORIZE AND INSTRUCT MY PROXYHOLDER TO CAST MY VOTE IN REFERENCE TO THE FOLLOWING MATTERS INDICATED BELOW: 1. Should Article 7, Section 7.02 of the Declaration of Covenants, Restrictions and Easements for Plum Harbor Homeowners Association, Inc. be amended as proposed? YES NO 2. Should Article 7, Section 7.03 of the Declaration of Covenants, Restrictions and Easements for Plum Harbor Homeowners Association, Inc. be amended as proposed? YES NO
3. Should Article 10, Section 10.17 of the Declaration of Covenants, Restrictions and Easements for Plum Harbor Homeowners Association, Inc. be amended as proposed? YES NO Dated: SIGNATURE(S) of OWNER(S) OR DESIGNATED VOTER SUBSTITUTION OF PROXY HOLDER The undersigned, appointed as proxyholder above, designates (Print name) to substitute for me in voting the proxy as set forth above. Date: Signature of proxyholder THIS PROXY IS REVOCABLE BY THE UNIT OWNER AND IS VALID ONLY FOR THE MEETING FOR WHICH IT IS GIVEN AND ANY LAWFUL ADJOURNMENT. IN NO EVENT IS THE PROXY VALID FOR MORE THAN NINETY (90) DAYS FROM THE DATE OF THE ORIGINAL MEETING FOR WHICH IT WAS GIVEN.