Note: Not All Of The Deed Restrictions Are Listed. We're working hard to add them, so please be patient!
You should have received a copy of the deed restrictions with your home closing.
If you do not have a copy, you should contact your home closing agent.
You can also purchase a lost/replacement copy of the deed restrictions from Communities of America for more
information.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR HEATHER LAKES AT BRANDON
THIS DECLARATION, made on the date hereinafter set forth by U.S. HOME CORPORATION, hereinafter referred to as
“Declarant.”
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Hillsborough County, Florida, which is more particularly
described on Exhibit A attached hereto and by this reference made a part hereof.
NOW THEREFORE, Declarant hereby declares that all of the Properties described above shall be held, sold and
conveyed subject to the following easements, restrictions, covenants and conditions which are for the purpose of
protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having
any right, title or interest in the described Properties or any part thereof, their heirs, successors and assigns, and shall
inure to the benefit of each Owner thereof.
ARTICLE I
DEFINITIONS
Section 1. “Association” shall mean and refer to HEATHER LAKES AT BRANDON COMMUNITY ASSOCIATION, INC.,
its successors and assigns.
Section 2. “Owner” shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple
title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation. The term “Owner” shall include U.S. HOME CORPORATION.
Section 3. “Properties” shall mean and refer to that certain real property described on attached Exhibit A and such
additions thereto as may hereafter be brought within the jurisdiction of the Association and made subject to this
Declaration.
Section 4. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties
with the exception of the Common Areas.
Section 5. “Parcel” shall mean and refer to any part of the Properties other than the Common Area, Lots, Units, streets
and roads and land owned by a governmental body or agency or public utility company, whether or not such Parcel is
developed or undeveloped, and without regard to the use or proposed use of such Parcel. Any Parcel, or part thereof,
however, for which a subdivision plat has been filed of record or for which a declaration of condominium has been filed
or record, shall, as to such portions, cease being a Parcel, or part thereof, and shall become Lots or Units, as
appropriate.
Section 6. “Declarant” shall mean and refer to U.S. HOMES CORPORATION, its successors and assigns, if such
successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of
development. IT shall not include any person or party who purchases a Lot or Unit from U.S. HOMES CORPORATION,
however, unless such purchaser is specifically assigned by a separate recorded instrument some or all of the rights
held by U.S. HOME CORPORATION, as Declarant under this Declaration, with regard to the conveyed property.
Section 7. “Common Area” shall mean all portions of the Properties that are not Lots or roadways.
Section 8. “Board of Directors” shall mean and refer to the Association’s Board of Directors.
Section 9. “Articles” shall mean and refer to the Articles of Incorporation of the Association, including any and all
amendments or modifications thereof.
Section 10. “By-Laws” shall mean and refer to the By-Laws of the Association, including any and all amendments or
modifications thereof.
Section 11. Interpretation. Unless the context otherwise requires, the use herein of the singular shall include the plural
and vice versa; the use of one gender shall include all genders; and the use of the term “including” shall mean
“including without limitation.” The headings used herein are for indexing purposes only and shall not be used as a
means of interpreting or constructing the substantive provisions hereof.
ARTICLE II
PURPOSE
Section 1. Operation, Maintenance and Repair of Common Area. The Declarant, in order to insure that the Common
Area and other land for which it is responsible hereunder will continue to be maintained in a manner that will contribute
to the comfort and enjoyment of the Owners and provide for other matters of concern to them, has organized the
Association. The purpose of the Association shall be to operate, maintain and repair the Common Area, right of way
areas, entranceways, perimeter walls and fences, retention areas, irrigation systems in right of way areas, and to
enforce the various subdivision restrictions in the HEATHER LAKES AT BRANDON development. The Association shall
maintain the before-mentioned Properties and certain decorative entranceways to the Properties and take such other
action as the Association is authorized to take with regard to the Properties pursuant to its Articles of Incorporation and
By-Laws, or this Declaration, and with regard to any other areas as designed by the Board of Directors. The
Association shall operate, maintain and repair areas referred to in this Section 1 and any other areas designated by
Declarant as Common Areas, whether or not title to those areas has been or ever will be formally conveyed to the
Association. Notwithstanding anything contained in this Declaration to the contrary, the Association shall have no
responsibility to maintain properties or to perform functions that are performed by or subject to a special taxing district.
Section 2. Expansion of the Common Area. Additions to the Common Area may be made in accordance with the terms
of ARTICLE X, which provides for additions to the Properties pursuant to the General Land Plan as therein more
particularly described. The Declarant shall not be obligated, however, to make any such additions. The Declarant has
the right, but not the obligation, to add improvements to the Common Area.
ARTICLE III
PROPERTY RIGHTS
Section 1. Owner’s Easement of Enjoyment. Every Owner shall have a right and nonexclusive easement of enjoyment
in and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot or Unit, subject to
the following provisions:
A. the right of the Association from time to time in accordance with its By-Laws to establish, modify, amend and rescind
reasonable Rules and Regulations regarding use of the Common Area;
B. the right of the Association to charge reasonable admission and other fees for the use of any recreation facility
situated upon the Common Area;
C. the right of the Association to suspend the voting rights and right to use of the Common Area by an Owner for any
period during which any assessment levied under this Declaration against his Lot or Unit remains unpaid; and for a
period not to exceed sixty (60) days for any infraction of its published Rules and Regulations;
D. the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency,
authority or utility, as provided by the Articles;
E. the right of the Association to grant easements as to the Common Area or any part thereof as provided by its
Articles; and
F. the right of the Association to otherwise deal with the Common Area as provided by its Articles.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the
Common Area and facilities to his tenants who reside at the Owner’s Lot or Unit, provided the Owner waives his use in
writing.
Section 3. Prohibition of Certain Activities. No damage to or waste of the Common Area or any part thereof shall be
committed by any Owner or any tenant or invitee of any Owner. No noxious, destructive or offensive activity shall be
permitted on or in the Common Area or any part thereof, nor shall anything be done thereon which may be or may
become an unreasonable annoyance or nuisance to any other Owner. No Owner may maintain, treat, landscape, sod,
or place or erect any improvement or structure of any kind on the Common Area or other areas maintained by the
Association without the prior written approval of the Board of Directors.
Section 4. Signs Prohibited. No sign of any kind shall be displayed in or on the Common Area without the prior written
consent of the Association. This section, however, shall not apply to the Declarant.
Section 5. Animals. No animals shall be permitted on or in the Common Area at any time except as may be provided in
the Rules and Regulations of the Association.
Section 6. Rules and Regulations. No Owner or other permitted user shall violate the reasonable Rules and
Regulations for the use of the Common Area, as the same are from time to time adopted by the Association.
Section 7. Title to Common Area. Not later than the time the Declarant consummates the sale of its last Lot in the
Properties, it shall convey title and the Association shall accept title to any Common Area, subject to such easements,
reservations, conditions and restrictions as may then be of record. Declarant may convey title and the Association
shall accept title at any time prior to the time referred to in this section 7, at Declarant’s option.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Each Owner of a Lot, which is subject to assessment, shall be a member of the Association. Membership
shall be appurtenant to and may not be separated from ownership of any Lot, which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners whose homes are encumbered by the Declaration, with the exception of
the Declarant. When more than one person holds an interest in any Lot, all such person shall be members. The vote
for each Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any
Lot.
Class B. Class B members shall be all Owners, whose homes are not encumbered by the Declaration any who
voluntarily join this Corporation, with the exception of the Declarant, and shall be entitled to one vote for each Lot
owned. When more than one person holds interest in any Lot, all such persons shall be members. The vote for such
Lot shall be exercised as they determine, but in no event shall more than one vote be case with respect to any Lot.
Class B membership shall continue as long as the Class B member pays all assessments on a timely basis and
otherwise complies with all requirements of membership.
Class C. The Class C member shall be the Declarant and shall be entitled to three (3) votes for each Lot owned and
forty-five (45) votes per acre for each Parcel owned. The Class C membership shall cease and be converted to Class
A membership on the happening of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class C
membership, or
(b) on December 31, 1999, or
(c) when Declarant waives in writing its right to Class C membership.
Notwithstanding the foregoing, if at any time or times subsequent to any conversion, additional land is added by the
Declarant hereof, such additional land shall automatically be and become Class C Lots and Units, as appropriate. In
addition, if following such addition of land the total votes allocable to all Lots and Units then owned by the Declarant
(calculated as if all such Lots or Units are Class C, whether or not they are) shall exceed the remaining total votes
outstanding in the remaining Class A members (i.e., excluding the Declarant), then any Class A Lots or Units owned by
the Declarant shall automatically be reconverted to Class C. Any such reconversion shall not occur, however, if either
occurrence (b) or (c) above shall have taken place.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within
the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it
shall be expressed in such deed, is deemed to covenant and agree to pay to the association: (1) annual assessments
or charges, and (2) special assessments for capital improvements and unexpected operating costs, such assessments
to be established and collected as hereinafter provided. The annual and special assessments, together with interest,
costs and reasonable attorney’s fees shall be charged on the land and shall be a continuing lien upon the property
against which each such assessment is made. Each such assessment, together with interest, costs and reasonable
attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments shall pass to successors in title.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote
the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance
of the areas described in Article II, Section 1.
Section 3. Special Assessments for Capital Improvements. In addition to the annual assessment authorized above,
the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of
defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement, of landscaping or the
irrigation system.
Section 4. Notice and Quorum for Any Action Authorized Under Section 3. Written notice of any meeting called for the
purpose of taking any action authorized under Section 3 shall be sent to all members not less than thirty (30) days nor
more than sixty (60) days in advance of the meeting. At such meeting, the presence of members or of proxies entitled
to cast one-third (1/3) of all votes of each class of membership shall constitute a quorum.
Section 5. Uniform Rate of Assessment. With the exception of Declarant's assessments as described in Section 6
below, both annual and special assessments must be fixed at a uniform rate for all (Class A and Class B) Lots and may
be collected on a monthly basis.
Section 6. Declarant’s Assessment. Notwithstanding any provision of this Declaration or the Association’s Articles of
By-Laws to the contrary, as long as there is Class C membership in the Association, the Declarant shall not be
obligated for, nor subject to, any annual assessment for any Lot which it may own, provided, however, that the
Declarant shall be responsible for paying the difference to be funded by annual assessments (after applying all income
received by the Association from other sources) and the amount received from Owners, other than the Declarant, in
payment of the annual assessments levied against their respective Class A and B Lots. Such difference, herein called
the “deficiency,” shall not include any reserve for replacements, operating reserves, depreciation reserves, capital
expenditures or special assessments. The Declarant may at any time give written notice to the Association, thereby
terminating effective as of the last day of December of such year its responsibility for the deficiency, and waiving its
right to exclusion from annual assessments. Upon giving such notice, or upon termination of Class C membership,
whichever is sooner, each Lot owned by the Declarant that has a completed unit with a Certificate of Occupancy shall
thereafter be assessed at twenty-five percent (25%) of the annual assessment established for Lots owned by Class A
and B members other than the Declarant. The Declarant will not be responsible for any reserve for replacement,
operating reserves, depreciation reserves, capital expenditures or special assessments. Such assessment shall be
prorated as to the remaining months of the year, if applicable. Upon transfer of title of a Lot owned by the Declarant,
the Lot shall be assessed in the amount established for Lots owned by Owners other than the Declarant, prorated as
of and commencing with, the month following the date of transfer of title. Notwithstanding the foregoing, any Lots from
which the Declarant derives any rental income, or holds an interest as mortgagee or contract seller, shall be assessed
at the same amount as Lots owned by Owners other than the Declarant, prorated as of and commencing with, the
month following the execution of the rental agreement or mortgage, or the contract purchaser’s entry into possession,
as the case may be.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein
shall commence as to all Lots on the first day of the month following the first conveyance of a Lot to an Owner. The
first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The
Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance
of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject
thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer to the Association setting forth whether the assessments
on a specified Lot has been paid. A properly executed certificate on a Lot is binding upon the Association as of the
date of issuance.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty
(30) days after the due date shall bear interest from the due date at the maximum rate allowed by law or $5.00,
whichever is greater. The association may bring an action by law against the Owner personally obligated to pay the
same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessment
provided for herein by abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The Lien of the assessment provided for herein shall be
subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However,
the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the
lien of such assessment as to payments, which became due prior to such sale or transfer. No sale or transfer shall
relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE VI
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall
any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature,
kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to
harmony of external design and location in relation to surrounding structure and topography by the Board of Directors
of the Association, or by and architectural committee composed of three or more representatives appointed by the
Board.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or
in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the right to do so thereafter. If a person or party is found in
the proceedings to be in violation of, or attempting to violate, the provisions of this Declaration, he shall bear all
expenses of the litigation, including court costs and reasonable attorney’s fees, for all trial and appellate proceedings
incurred by the party enforcing the provisions of this agreement, together with all attorney’s fees incurred prior to
litigation. Declarant shall not be obligated to enforce this Declaration and shall not in any way or manner be held liable
or responsible for any violation of this Declaration by any person other than itself.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in
no way affect any other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term
of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended
for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by
an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed
by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded. All amendments
must be approved in writing by Declarant so long as Declarant owns at least one (1) Lot or Unit on the properties.
Section 4. Exception
(a) Anything in this Declaration to the contrary notwithstanding, if any amendment to this Declaration is required at any
time by an institutional mortgagee such as a bank, savings and loan association, insurance company, insurers of first
mortgages similar to the Federal National Mortgage Association or any governmental agency, such amendment shall
be effective upon recording of such amendment, as executed by the Declarant, in the Public Records of Hillsborough
County, Florida, without the necessity of the approval or joinder of any other Owners, or the Association. No such
amendment may adversely affect the lien or priority of any institutional first mortgage recorded prior to the amendment.
(b) Until the completion of the contemplated improvements on the property, and closing of all lot sales, the Declarant
specifically reserves the right, without the joinder of any person or other legal entity, to make amendments to this
Declaration and its exhibits or in the plan of development, as may be required by any lender, governmental authority,
or, as may in its judgment, be necessary or desirable. This paragraph shall take precedence over any other provision
of this Declaration or its attachments.
Section 5. Models. Notwithstanding anything contained in this Declaration to the contrary, the Declarant retains the
right to utilize Lots as models and to conduct sales activities on the Properties. Declarant retains the right to maintain
any model centers separate and apart from any maintenance of the Properties as a whole.
ARTICLE VIII
USE RESTRICTIONS
Section 1. Residential Use. No Lot may be used for any purpose other than as for a single-family residence or
dwelling.
Section 2. Garbage and Trash. All garbage cans and similar receptacles and other garbage containers shall be kept
out of public view at all times except during the day of garbage collection.
Section 3. Antennas. No exterior radio, television or any other electrical antennas or serials or TURO earth stations or
any similar device may be erected or maintained anywhere upon any portion of the Properties or any Lot, except for
TURO earth stations or any similar devices owned by a cable television franchise.
Section 4. Maintenance. Following the conveyance of a Lot by the Declarant, each Owner thereof shall be obligated
to maintain the Lot and all improvements thereon in good condition and repair, except for such maintenance as is the
responsibility of the Association pursuant to this Declaration. This maintenance shall include, but not be limited to,
proper lawn care, mowing, edging, fertilizing, weeding and trimming, routine structural maintenance, painting, roof
repair, window repair, etc. If the Owner shall fail to do so, either the Declarant or the Association, after giving such
Owner at least ten (10) days’ written notice, shall be authorized to undertake such maintenance at the Owner’s
expense. Entry upon an Owner’s Lot for such purpose shall not constitute a trespass. If such maintenance is
undertaken by the Association, the charge therefore shall be secured by a lien on the Lot and added to and become a
part of the Lot assessment installment next due and payable by the Owner.
Section 5. Vehicle Restrictions.
Parking shall be permitted in the designated areas for passenger automobiles, passenger station wagons, pick-up
trucks, motorcycles, mopeds and passenger-carrying vans only.
The following vehicles are prohibited from parking anywhere on the properties: trucks, vans (other than passenger
vans), travel trailers, utility trailers of any kind, commercial vehicles, motor homes, recreational vehicles, campers,
boats, boat trailers, buses, passenger vehicles without current registration clearly indicated thereon, as well as
vehicles which cannot operate on their own power for more than seventy-two (72) hours.
The prohibition of parking shall not apply to temporary parking of trucks and other commercial vehicles which are
temporarily parked on the properties while services are being provided to occupant(s) of the properties. Where such
vehicles are to be parked on the properties for more than one (1) calendar day, it shall be the duty of the resident of
the Lot or Unit to notify the Association or the management company of the presence of such vehicle and the length of
time it will be on the properties for purposes of rendering services to the occupant of the Lot or Unit. For purposes of
this rule, the following definitions shall apply:
(a) “Vans and Trucks” means vehicles with any sort of weight carrying capacity whatsoever, which have a
compartment or bed for carrying cargo, as opposed to passengers. Regardless of whether such vehicles have a cover
or “topper” for the cargo-carrying area, they shall be deemed to be trucks or for purposes of this rule. “Pick-up
Trucks” with a cargo capacity of one (1) ton or less shall be permitted on the properties.
(b) “Commercial Vehicles” means all vehicles of every kind whatsoever, which from viewing the exterior of the vehicles
or any portion thereof, shows or tends to show any commercial marking, signs, displays or otherwise indicates a
commercial use. Commercial Vehicles shall not include regular passenger automobiles or permitted pick-up trucks that
have commercial markings, signs, logos, etc., if used for transportation to and from work. Any vehicle violating any
provision of this section may be towed at the owner’s expense. Any damage caused to or by the towed vehicle will be
the full responsibility of the owner of the towed vehicle. The Board, or its agents, shall have the authority to affix
stickers to the vehicle indicating a violation of these rules and regulations. Any stickering of a vehicle will not constitute
a waiver of the Board’s right to tow the vehicle and nothing contained herein shall be construed to require the Board to
affix a sticker to the vehicle before towing it.
Section 6. Nuisance. No owner, tenant, occupant, visitor or guest on the properties will be permitted to create any
nuisance on the properties or to do any act or thing that is the source of unreasonable annoyance to other residents.
ARTICLE IX
EASEMENTS
Section 1. Ingress-Egress. A nonexclusive easement for the use and benefit of the Owners and occupants of any
Lot, their guests and invitees, shall exist for pedestrian traffic over, through the across sidewalks, paths, walks and
other portions of the Common Area as may be from time to time intended and designated for such purpose and use;
and for vehicular and pedestrian traffic over, through and across such portion of the Common Area as may from time
to time be paved and intended for such purposes, which easements alone or together with the other recorded
easements granted by the Declarant shall provide reasonable access to the public ways. Nothing herein shall be
construed across to give or create in any person the right to park upon any portion of the Common Area.
Section 2. Utilities, etc. Each Lot and the Common Area shall be subject to existing easements for public utilities
purposes (including, but not limited to, fire and police protection, garbage and trash removal, water and sewage
system, electric and gas service, cable television, telephone, and irrigation wells and pumps, if applicable), and the
utilities and applicable governmental agencies having jurisdiction there over and their employees and agents shall
have the right of access to any Lot or the Common Area in furtherance of such easements.
Section 3. Future Utility Easements. The Declarant reserves the right, for itself and its designee (so long as
Declarant or said designee owns a Lot) and for the Board of Directors of the Association, to grant and/or reserve such
additional easements, including, but not limited to, irrigation, wells and pump, cable television, electric, gas, water,
telephone or other utility easement, or to relocate any existing easement in any portion of the property as the
Declarant, its designee, or the said Board of Directors shall deem necessary or desirable for the proper operation and
maintenance of the property, or any portion thereof, or for the general health and welfare of the Lot Owners, provided
that such additional utilities or the relocation of existing utilities will not prevent or unreasonably interfere with the use of
the Lots for permitted purposes.
Section 4. Declarant’s Ingress-Egress. Declarant retains for itself, its successors or interest, agents, employees and
assigns, a non-exclusive easement for ingress and egress over and across all streets, roadways, driveways, and
walkways that may from time to time exists on the property.
Section 5. Encroachments. All of the Properties and all of the Lots shall be and are singularly and collectively
subject to easements for encroachments which now or hereafter exists or come into being, caused by settlement or
movement of the building or other improvements on the Properties, or caused by inaccuracies in construction or
reconstruction of the building or such improvements upon the Properties or Lots, or encroachments caused by the
intentional or unintentional placement of utilities meters and related devices, all of which encroachments shall be
permitted to remain undisturbed, and such easements shall and do exists and shall continue as valid easements so
long as such encroachments exist. A valid easement for the maintenance of such encroachments stand or otherwise
continue in place.
ARTICLE X
ADDITIONAL PROPERTY
Section 1.
A. Additions to the Properties. Additional land may be brought within the jurisdiction and control of the Association in
the manner specified in Section 2 of this Article and made subject to all the terms of this Declaration as if part of the
Properties initially included within the terms hereof, provided such is done within twenty-five (25) years from the date
this instrument is recorded. Notwithstanding the foregoing, however, under no circumstances shall the Declarant be
required to make such additions, and until such time as such additions are made to the Properties in the manner
hereinafter set forth, no other real property owned by the Declarant or any other person or party whomsoever other
than the Properties, shall in any way be affected by or become subject to the Declaration. All additional land which,
pursuant to this Article, is brought within the jurisdiction and control of the Association and made subject to the
Declaration shall thereupon and thereafter be included within the term “Properties” as used in the Declaration.
Notwithstanding anything contained in this Section 1, the Declarant neither commits to, nor warrants or represents, that
any such additional development shall occur.
B. General Land Plan. The present general plan of development shall not bind the Declarant to make any such
additions or adhere to the general plan of development. Such general plan of development may be amended or
modified by the Declarant, in whole or in part, at any time, or discontinued. As used herein, the term “General Land
Plan” shall mean such general plan of development, together with any amendments or modifications thereof hereafter
made.
Section 2. Procedure for Making Additions to the Properties. Additions to the Properties may be made and thereby
become subject to the Declaration by, and only by, one of the following procedures:
A. Additions in Accordance with a General Land Plan. The Declarant shall have the right from time to time, in its
discretion and without need for consent or approval by either the Association or its member, to bring within the
jurisdiction and control of the Association and make subject to the scheme of this Declaration, any additional land. In
the Declarant’s discretion, portions of this land may be designated as Common Area.
B. Previously Developed Portions of HEATHER LAKES AT BRANDON. Subject to reasonable terms and conditions of
the Association, individual Lots in the HEATHER LAKES AT BRANDON development, that were previously developed
by Declarant, may voluntarily submit to the jurisdiction and control of the Association and be subject to all terms of this
Declaration as if part of the Properties initially included within the terms hereof. This voluntary submission shall be
accomplished by the Lot owner’s execution and delivery of an irrevocable joinder to the Association. The form of the
joinder shall be prescribed by the Association. The execution and delivery of this irrevocable joinder shall make the lot
owner a Class A member of the Association. In the alternative, a Lot owner may chose to be a Class B member, which
is a voluntary membership.
Section 3. General Provision Regarding Additions to the Properties.
A. The additions authorized under Section 2(A) of this Article shall be made by the Declarant filing of record a
Supplement to Declaration of Covenants, Conditions and Restrictions with respect to the additional land extending the
scheme of the covenants and restrictions of this Declaration to such land, except as hereinafter provided in Section 3
(C). Such Supplement need only be executed by the Declarant and shall not require the joinder or consent of the
Association or its members. Such supplement may contain any complementary additions and modifications of the
covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any,
of the added land or permitted use thereof. In no event, however, shall such Supplement revoke, modify or add to the
covenants established by this Declaration as such affect the land described on attached Exhibit A.
B. Regardless of which of the foregoing methods is used to add additional land to that subject to the terms and
provisions of this Declaration, no additions shall revoke or diminish the rights of the Owners of the Properties to the
utilization of the Common Area as established hereunder except to grant to the Owners of the land being added to the
Properties the right to use the Common Area according to the terms and conditions as established hereunder, and the
right to vote and be assessed as hereinafter provided.
C. Nothing contained in this ARTICLE shall obligate the Declarant to make additions to the Properties.
Section 4. Voting Rights of the Declarant as to Additions to the Properties. The Declarant shall have no voting rights
as to the land added to the Properties or any portion thereof until such land or portion thereof is actually added to the
Properties in accordance with the provisions of this Article. Upon such land or portion thereof being added to the
Properties, the Declarant shall have the Class C voting rights as to the Lots or Units thereof as is previously provided
by the Declaration.
Section 5. Assessment Obligation of the Declarant as to Additional to the Properties. The Declarant shall have no
assessment obligation as to the land or any portion thereof added to the Properties until such land or portion thereof is
actually added to the Properties in accordance with the provisions of this Article. At such time, the Declarant shall
have, but only as to such of the additional land as is added, the assessment obligation hereinafter set forth. As to
such added land, the Declarant shall be exempt from annual assessments with regard to Lots or Units which it owns,
upon the same terms and conditions as contained in ARTICLE V of this Declaration, and shall have the same right as
therein provided to waive its exemption, and become subject to assessment at twenty-five percent (25%) of the annual
assessment established for Lots or Units owned by Class A members other than the Declarant.
Section 6. Voting Rights of Owners Other than the Declarant as to Additions to the Properties. Any Lots or Units on
land added to the Properties, which are owned by Owners other than the Declarant, or its assignees by separate
written document, shall be entitled to voting rights identical to those granted by this Declaration to other Owners of
Class A Lots or Units.
Section 7. Assessment Obligation of Owners Other than the Declarant as to Additions to the Properties. Any Lots or
Units on land added to the Properties which are owned by Owners other than the Declarant, or its assignees by
separate written document, shall be subject to assessments, annual, special and otherwise, in accordance with the
terms and provisions of the Declaration in the same manner as all other Owners of Class A Lots or Units within the
Properties.
ARTICLE XI
DECLARANT’S RIGHTS
Section 1. No Interference. Until such time as Declarant has completed all of the contemplated improvements and has
sold all of the Lots within the HEATHER LAKES AT BRANDON development, neither the Association nor its members
nor the use of the Common Area (as defined in the Declaration) by the Association and its members shall interfere with
the completion of the contemplated improvements or the sale by Declarant of Lots within the HEATHER LAKES AT
BRANDON development.
Section 2. Sales Offices, Models, etc. Until the Declarant has built and sold all of the improvements and Lots within
the HEATHER LAKES AT BRANDON development, Declarant reserves and the Association grants to the Declarant the
right to make such use of the unsold Lots, and the Common Area, as may facilitate completion and sale of Lots by the
Declarant. Without limiting the foregoing, Declarant shall have the right to maintain a sales office, model units,
administration offices and/or construction offices (which may be a construction trailer or a temporary or permanent
building). Declarant further shall have the right to erect and maintain signs, shall have the right to use the Common
Area for any sales purposes, shall have the right to grant the right of use of the Common Area to any prospects or any
other individual or groups in its sole discretion and shall be entitled to conduct all other reasonable marketing activities
described by Declarant.
Section 3. Amendment Prohibition. Without the express written consent of Declarant, no amendment shall be made
to the Declaration, and no Rules or Regulations shall be adopted by the Association which shall restrict, impair or in
any way modify the activities of the Declarant with regard to construction, assessments or other charges on Declarant’
s property, use of Common Areas and delegation of use of Common Areas and marketing of the remaining Lots in the
HEATHER LAKES AT BRANDON development, whether or not such activities are enumerated in the preceding
Sections 1 and 2.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 1st
day of March , 1989.
Signed, sealed and delivered
In the presence of: U. S. HOME CORPORATION
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, a Notary Public in and for the State and County aforesaid, duly authorized to take acknowledgments,
personally appeared GENE LANTON and Carole Deklerow , as Division Chairman and Division Secretary,
respectively, of U. S. HOME CORPORATION, to me well known, and they acknowledged before me that they executed,
sealed and delivered the foregoing Declaration of Covenants, Conditions and Restrictions for the uses and purposes
therein expressed, as such officers, by authority and on behalf of said corporation, as the free act and deed of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Clearwater, said County and State, this
1st day of March , 1989.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HEATHER LAKES AT BRANDON
You should have received a copy of the deed restrictions with your home closing.
If you do not have a copy, you should contact your home closing agent.
You can also purchase a lost/replacement copy of the deed restrictions from Communities of America for more
information.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR HEATHER LAKES AT BRANDON
THIS DECLARATION, made on the date hereinafter set forth by U.S. HOME CORPORATION, hereinafter referred to as
“Declarant.”
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Hillsborough County, Florida, which is more particularly
described on Exhibit A attached hereto and by this reference made a part hereof.
NOW THEREFORE, Declarant hereby declares that all of the Properties described above shall be held, sold and
conveyed subject to the following easements, restrictions, covenants and conditions which are for the purpose of
protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having
any right, title or interest in the described Properties or any part thereof, their heirs, successors and assigns, and shall
inure to the benefit of each Owner thereof.
ARTICLE I
DEFINITIONS
Section 1. “Association” shall mean and refer to HEATHER LAKES AT BRANDON COMMUNITY ASSOCIATION, INC.,
its successors and assigns.
Section 2. “Owner” shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple
title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation. The term “Owner” shall include U.S. HOME CORPORATION.
Section 3. “Properties” shall mean and refer to that certain real property described on attached Exhibit A and such
additions thereto as may hereafter be brought within the jurisdiction of the Association and made subject to this
Declaration.
Section 4. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties
with the exception of the Common Areas.
Section 5. “Parcel” shall mean and refer to any part of the Properties other than the Common Area, Lots, Units, streets
and roads and land owned by a governmental body or agency or public utility company, whether or not such Parcel is
developed or undeveloped, and without regard to the use or proposed use of such Parcel. Any Parcel, or part thereof,
however, for which a subdivision plat has been filed of record or for which a declaration of condominium has been filed
or record, shall, as to such portions, cease being a Parcel, or part thereof, and shall become Lots or Units, as
appropriate.
Section 6. “Declarant” shall mean and refer to U.S. HOMES CORPORATION, its successors and assigns, if such
successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of
development. IT shall not include any person or party who purchases a Lot or Unit from U.S. HOMES CORPORATION,
however, unless such purchaser is specifically assigned by a separate recorded instrument some or all of the rights
held by U.S. HOME CORPORATION, as Declarant under this Declaration, with regard to the conveyed property.
Section 7. “Common Area” shall mean all portions of the Properties that are not Lots or roadways.
Section 8. “Board of Directors” shall mean and refer to the Association’s Board of Directors.
Section 9. “Articles” shall mean and refer to the Articles of Incorporation of the Association, including any and all
amendments or modifications thereof.
Section 10. “By-Laws” shall mean and refer to the By-Laws of the Association, including any and all amendments or
modifications thereof.
Section 11. Interpretation. Unless the context otherwise requires, the use herein of the singular shall include the plural
and vice versa; the use of one gender shall include all genders; and the use of the term “including” shall mean
“including without limitation.” The headings used herein are for indexing purposes only and shall not be used as a
means of interpreting or constructing the substantive provisions hereof.
ARTICLE II
PURPOSE
Section 1. Operation, Maintenance and Repair of Common Area. The Declarant, in order to insure that the Common
Area and other land for which it is responsible hereunder will continue to be maintained in a manner that will contribute
to the comfort and enjoyment of the Owners and provide for other matters of concern to them, has organized the
Association. The purpose of the Association shall be to operate, maintain and repair the Common Area, right of way
areas, entranceways, perimeter walls and fences, retention areas, irrigation systems in right of way areas, and to
enforce the various subdivision restrictions in the HEATHER LAKES AT BRANDON development. The Association shall
maintain the before-mentioned Properties and certain decorative entranceways to the Properties and take such other
action as the Association is authorized to take with regard to the Properties pursuant to its Articles of Incorporation and
By-Laws, or this Declaration, and with regard to any other areas as designed by the Board of Directors. The
Association shall operate, maintain and repair areas referred to in this Section 1 and any other areas designated by
Declarant as Common Areas, whether or not title to those areas has been or ever will be formally conveyed to the
Association. Notwithstanding anything contained in this Declaration to the contrary, the Association shall have no
responsibility to maintain properties or to perform functions that are performed by or subject to a special taxing district.
Section 2. Expansion of the Common Area. Additions to the Common Area may be made in accordance with the terms
of ARTICLE X, which provides for additions to the Properties pursuant to the General Land Plan as therein more
particularly described. The Declarant shall not be obligated, however, to make any such additions. The Declarant has
the right, but not the obligation, to add improvements to the Common Area.
ARTICLE III
PROPERTY RIGHTS
Section 1. Owner’s Easement of Enjoyment. Every Owner shall have a right and nonexclusive easement of enjoyment
in and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot or Unit, subject to
the following provisions:
A. the right of the Association from time to time in accordance with its By-Laws to establish, modify, amend and rescind
reasonable Rules and Regulations regarding use of the Common Area;
B. the right of the Association to charge reasonable admission and other fees for the use of any recreation facility
situated upon the Common Area;
C. the right of the Association to suspend the voting rights and right to use of the Common Area by an Owner for any
period during which any assessment levied under this Declaration against his Lot or Unit remains unpaid; and for a
period not to exceed sixty (60) days for any infraction of its published Rules and Regulations;
D. the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency,
authority or utility, as provided by the Articles;
E. the right of the Association to grant easements as to the Common Area or any part thereof as provided by its
Articles; and
F. the right of the Association to otherwise deal with the Common Area as provided by its Articles.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the
Common Area and facilities to his tenants who reside at the Owner’s Lot or Unit, provided the Owner waives his use in
writing.
Section 3. Prohibition of Certain Activities. No damage to or waste of the Common Area or any part thereof shall be
committed by any Owner or any tenant or invitee of any Owner. No noxious, destructive or offensive activity shall be
permitted on or in the Common Area or any part thereof, nor shall anything be done thereon which may be or may
become an unreasonable annoyance or nuisance to any other Owner. No Owner may maintain, treat, landscape, sod,
or place or erect any improvement or structure of any kind on the Common Area or other areas maintained by the
Association without the prior written approval of the Board of Directors.
Section 4. Signs Prohibited. No sign of any kind shall be displayed in or on the Common Area without the prior written
consent of the Association. This section, however, shall not apply to the Declarant.
Section 5. Animals. No animals shall be permitted on or in the Common Area at any time except as may be provided in
the Rules and Regulations of the Association.
Section 6. Rules and Regulations. No Owner or other permitted user shall violate the reasonable Rules and
Regulations for the use of the Common Area, as the same are from time to time adopted by the Association.
Section 7. Title to Common Area. Not later than the time the Declarant consummates the sale of its last Lot in the
Properties, it shall convey title and the Association shall accept title to any Common Area, subject to such easements,
reservations, conditions and restrictions as may then be of record. Declarant may convey title and the Association
shall accept title at any time prior to the time referred to in this section 7, at Declarant’s option.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Each Owner of a Lot, which is subject to assessment, shall be a member of the Association. Membership
shall be appurtenant to and may not be separated from ownership of any Lot, which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners whose homes are encumbered by the Declaration, with the exception of
the Declarant. When more than one person holds an interest in any Lot, all such person shall be members. The vote
for each Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any
Lot.
Class B. Class B members shall be all Owners, whose homes are not encumbered by the Declaration any who
voluntarily join this Corporation, with the exception of the Declarant, and shall be entitled to one vote for each Lot
owned. When more than one person holds interest in any Lot, all such persons shall be members. The vote for such
Lot shall be exercised as they determine, but in no event shall more than one vote be case with respect to any Lot.
Class B membership shall continue as long as the Class B member pays all assessments on a timely basis and
otherwise complies with all requirements of membership.
Class C. The Class C member shall be the Declarant and shall be entitled to three (3) votes for each Lot owned and
forty-five (45) votes per acre for each Parcel owned. The Class C membership shall cease and be converted to Class
A membership on the happening of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class C
membership, or
(b) on December 31, 1999, or
(c) when Declarant waives in writing its right to Class C membership.
Notwithstanding the foregoing, if at any time or times subsequent to any conversion, additional land is added by the
Declarant hereof, such additional land shall automatically be and become Class C Lots and Units, as appropriate. In
addition, if following such addition of land the total votes allocable to all Lots and Units then owned by the Declarant
(calculated as if all such Lots or Units are Class C, whether or not they are) shall exceed the remaining total votes
outstanding in the remaining Class A members (i.e., excluding the Declarant), then any Class A Lots or Units owned by
the Declarant shall automatically be reconverted to Class C. Any such reconversion shall not occur, however, if either
occurrence (b) or (c) above shall have taken place.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within
the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it
shall be expressed in such deed, is deemed to covenant and agree to pay to the association: (1) annual assessments
or charges, and (2) special assessments for capital improvements and unexpected operating costs, such assessments
to be established and collected as hereinafter provided. The annual and special assessments, together with interest,
costs and reasonable attorney’s fees shall be charged on the land and shall be a continuing lien upon the property
against which each such assessment is made. Each such assessment, together with interest, costs and reasonable
attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments shall pass to successors in title.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote
the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance
of the areas described in Article II, Section 1.
Section 3. Special Assessments for Capital Improvements. In addition to the annual assessment authorized above,
the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of
defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement, of landscaping or the
irrigation system.
Section 4. Notice and Quorum for Any Action Authorized Under Section 3. Written notice of any meeting called for the
purpose of taking any action authorized under Section 3 shall be sent to all members not less than thirty (30) days nor
more than sixty (60) days in advance of the meeting. At such meeting, the presence of members or of proxies entitled
to cast one-third (1/3) of all votes of each class of membership shall constitute a quorum.
Section 5. Uniform Rate of Assessment. With the exception of Declarant's assessments as described in Section 6
below, both annual and special assessments must be fixed at a uniform rate for all (Class A and Class B) Lots and may
be collected on a monthly basis.
Section 6. Declarant’s Assessment. Notwithstanding any provision of this Declaration or the Association’s Articles of
By-Laws to the contrary, as long as there is Class C membership in the Association, the Declarant shall not be
obligated for, nor subject to, any annual assessment for any Lot which it may own, provided, however, that the
Declarant shall be responsible for paying the difference to be funded by annual assessments (after applying all income
received by the Association from other sources) and the amount received from Owners, other than the Declarant, in
payment of the annual assessments levied against their respective Class A and B Lots. Such difference, herein called
the “deficiency,” shall not include any reserve for replacements, operating reserves, depreciation reserves, capital
expenditures or special assessments. The Declarant may at any time give written notice to the Association, thereby
terminating effective as of the last day of December of such year its responsibility for the deficiency, and waiving its
right to exclusion from annual assessments. Upon giving such notice, or upon termination of Class C membership,
whichever is sooner, each Lot owned by the Declarant that has a completed unit with a Certificate of Occupancy shall
thereafter be assessed at twenty-five percent (25%) of the annual assessment established for Lots owned by Class A
and B members other than the Declarant. The Declarant will not be responsible for any reserve for replacement,
operating reserves, depreciation reserves, capital expenditures or special assessments. Such assessment shall be
prorated as to the remaining months of the year, if applicable. Upon transfer of title of a Lot owned by the Declarant,
the Lot shall be assessed in the amount established for Lots owned by Owners other than the Declarant, prorated as
of and commencing with, the month following the date of transfer of title. Notwithstanding the foregoing, any Lots from
which the Declarant derives any rental income, or holds an interest as mortgagee or contract seller, shall be assessed
at the same amount as Lots owned by Owners other than the Declarant, prorated as of and commencing with, the
month following the execution of the rental agreement or mortgage, or the contract purchaser’s entry into possession,
as the case may be.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein
shall commence as to all Lots on the first day of the month following the first conveyance of a Lot to an Owner. The
first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The
Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance
of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject
thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer to the Association setting forth whether the assessments
on a specified Lot has been paid. A properly executed certificate on a Lot is binding upon the Association as of the
date of issuance.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty
(30) days after the due date shall bear interest from the due date at the maximum rate allowed by law or $5.00,
whichever is greater. The association may bring an action by law against the Owner personally obligated to pay the
same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessment
provided for herein by abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The Lien of the assessment provided for herein shall be
subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However,
the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the
lien of such assessment as to payments, which became due prior to such sale or transfer. No sale or transfer shall
relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE VI
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall
any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature,
kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to
harmony of external design and location in relation to surrounding structure and topography by the Board of Directors
of the Association, or by and architectural committee composed of three or more representatives appointed by the
Board.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or
in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the right to do so thereafter. If a person or party is found in
the proceedings to be in violation of, or attempting to violate, the provisions of this Declaration, he shall bear all
expenses of the litigation, including court costs and reasonable attorney’s fees, for all trial and appellate proceedings
incurred by the party enforcing the provisions of this agreement, together with all attorney’s fees incurred prior to
litigation. Declarant shall not be obligated to enforce this Declaration and shall not in any way or manner be held liable
or responsible for any violation of this Declaration by any person other than itself.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in
no way affect any other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term
of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended
for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by
an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed
by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded. All amendments
must be approved in writing by Declarant so long as Declarant owns at least one (1) Lot or Unit on the properties.
Section 4. Exception
(a) Anything in this Declaration to the contrary notwithstanding, if any amendment to this Declaration is required at any
time by an institutional mortgagee such as a bank, savings and loan association, insurance company, insurers of first
mortgages similar to the Federal National Mortgage Association or any governmental agency, such amendment shall
be effective upon recording of such amendment, as executed by the Declarant, in the Public Records of Hillsborough
County, Florida, without the necessity of the approval or joinder of any other Owners, or the Association. No such
amendment may adversely affect the lien or priority of any institutional first mortgage recorded prior to the amendment.
(b) Until the completion of the contemplated improvements on the property, and closing of all lot sales, the Declarant
specifically reserves the right, without the joinder of any person or other legal entity, to make amendments to this
Declaration and its exhibits or in the plan of development, as may be required by any lender, governmental authority,
or, as may in its judgment, be necessary or desirable. This paragraph shall take precedence over any other provision
of this Declaration or its attachments.
Section 5. Models. Notwithstanding anything contained in this Declaration to the contrary, the Declarant retains the
right to utilize Lots as models and to conduct sales activities on the Properties. Declarant retains the right to maintain
any model centers separate and apart from any maintenance of the Properties as a whole.
ARTICLE VIII
USE RESTRICTIONS
Section 1. Residential Use. No Lot may be used for any purpose other than as for a single-family residence or
dwelling.
Section 2. Garbage and Trash. All garbage cans and similar receptacles and other garbage containers shall be kept
out of public view at all times except during the day of garbage collection.
Section 3. Antennas. No exterior radio, television or any other electrical antennas or serials or TURO earth stations or
any similar device may be erected or maintained anywhere upon any portion of the Properties or any Lot, except for
TURO earth stations or any similar devices owned by a cable television franchise.
Section 4. Maintenance. Following the conveyance of a Lot by the Declarant, each Owner thereof shall be obligated
to maintain the Lot and all improvements thereon in good condition and repair, except for such maintenance as is the
responsibility of the Association pursuant to this Declaration. This maintenance shall include, but not be limited to,
proper lawn care, mowing, edging, fertilizing, weeding and trimming, routine structural maintenance, painting, roof
repair, window repair, etc. If the Owner shall fail to do so, either the Declarant or the Association, after giving such
Owner at least ten (10) days’ written notice, shall be authorized to undertake such maintenance at the Owner’s
expense. Entry upon an Owner’s Lot for such purpose shall not constitute a trespass. If such maintenance is
undertaken by the Association, the charge therefore shall be secured by a lien on the Lot and added to and become a
part of the Lot assessment installment next due and payable by the Owner.
Section 5. Vehicle Restrictions.
Parking shall be permitted in the designated areas for passenger automobiles, passenger station wagons, pick-up
trucks, motorcycles, mopeds and passenger-carrying vans only.
The following vehicles are prohibited from parking anywhere on the properties: trucks, vans (other than passenger
vans), travel trailers, utility trailers of any kind, commercial vehicles, motor homes, recreational vehicles, campers,
boats, boat trailers, buses, passenger vehicles without current registration clearly indicated thereon, as well as
vehicles which cannot operate on their own power for more than seventy-two (72) hours.
The prohibition of parking shall not apply to temporary parking of trucks and other commercial vehicles which are
temporarily parked on the properties while services are being provided to occupant(s) of the properties. Where such
vehicles are to be parked on the properties for more than one (1) calendar day, it shall be the duty of the resident of
the Lot or Unit to notify the Association or the management company of the presence of such vehicle and the length of
time it will be on the properties for purposes of rendering services to the occupant of the Lot or Unit. For purposes of
this rule, the following definitions shall apply:
(a) “Vans and Trucks” means vehicles with any sort of weight carrying capacity whatsoever, which have a
compartment or bed for carrying cargo, as opposed to passengers. Regardless of whether such vehicles have a cover
or “topper” for the cargo-carrying area, they shall be deemed to be trucks or for purposes of this rule. “Pick-up
Trucks” with a cargo capacity of one (1) ton or less shall be permitted on the properties.
(b) “Commercial Vehicles” means all vehicles of every kind whatsoever, which from viewing the exterior of the vehicles
or any portion thereof, shows or tends to show any commercial marking, signs, displays or otherwise indicates a
commercial use. Commercial Vehicles shall not include regular passenger automobiles or permitted pick-up trucks that
have commercial markings, signs, logos, etc., if used for transportation to and from work. Any vehicle violating any
provision of this section may be towed at the owner’s expense. Any damage caused to or by the towed vehicle will be
the full responsibility of the owner of the towed vehicle. The Board, or its agents, shall have the authority to affix
stickers to the vehicle indicating a violation of these rules and regulations. Any stickering of a vehicle will not constitute
a waiver of the Board’s right to tow the vehicle and nothing contained herein shall be construed to require the Board to
affix a sticker to the vehicle before towing it.
Section 6. Nuisance. No owner, tenant, occupant, visitor or guest on the properties will be permitted to create any
nuisance on the properties or to do any act or thing that is the source of unreasonable annoyance to other residents.
ARTICLE IX
EASEMENTS
Section 1. Ingress-Egress. A nonexclusive easement for the use and benefit of the Owners and occupants of any
Lot, their guests and invitees, shall exist for pedestrian traffic over, through the across sidewalks, paths, walks and
other portions of the Common Area as may be from time to time intended and designated for such purpose and use;
and for vehicular and pedestrian traffic over, through and across such portion of the Common Area as may from time
to time be paved and intended for such purposes, which easements alone or together with the other recorded
easements granted by the Declarant shall provide reasonable access to the public ways. Nothing herein shall be
construed across to give or create in any person the right to park upon any portion of the Common Area.
Section 2. Utilities, etc. Each Lot and the Common Area shall be subject to existing easements for public utilities
purposes (including, but not limited to, fire and police protection, garbage and trash removal, water and sewage
system, electric and gas service, cable television, telephone, and irrigation wells and pumps, if applicable), and the
utilities and applicable governmental agencies having jurisdiction there over and their employees and agents shall
have the right of access to any Lot or the Common Area in furtherance of such easements.
Section 3. Future Utility Easements. The Declarant reserves the right, for itself and its designee (so long as
Declarant or said designee owns a Lot) and for the Board of Directors of the Association, to grant and/or reserve such
additional easements, including, but not limited to, irrigation, wells and pump, cable television, electric, gas, water,
telephone or other utility easement, or to relocate any existing easement in any portion of the property as the
Declarant, its designee, or the said Board of Directors shall deem necessary or desirable for the proper operation and
maintenance of the property, or any portion thereof, or for the general health and welfare of the Lot Owners, provided
that such additional utilities or the relocation of existing utilities will not prevent or unreasonably interfere with the use of
the Lots for permitted purposes.
Section 4. Declarant’s Ingress-Egress. Declarant retains for itself, its successors or interest, agents, employees and
assigns, a non-exclusive easement for ingress and egress over and across all streets, roadways, driveways, and
walkways that may from time to time exists on the property.
Section 5. Encroachments. All of the Properties and all of the Lots shall be and are singularly and collectively
subject to easements for encroachments which now or hereafter exists or come into being, caused by settlement or
movement of the building or other improvements on the Properties, or caused by inaccuracies in construction or
reconstruction of the building or such improvements upon the Properties or Lots, or encroachments caused by the
intentional or unintentional placement of utilities meters and related devices, all of which encroachments shall be
permitted to remain undisturbed, and such easements shall and do exists and shall continue as valid easements so
long as such encroachments exist. A valid easement for the maintenance of such encroachments stand or otherwise
continue in place.
ARTICLE X
ADDITIONAL PROPERTY
Section 1.
A. Additions to the Properties. Additional land may be brought within the jurisdiction and control of the Association in
the manner specified in Section 2 of this Article and made subject to all the terms of this Declaration as if part of the
Properties initially included within the terms hereof, provided such is done within twenty-five (25) years from the date
this instrument is recorded. Notwithstanding the foregoing, however, under no circumstances shall the Declarant be
required to make such additions, and until such time as such additions are made to the Properties in the manner
hereinafter set forth, no other real property owned by the Declarant or any other person or party whomsoever other
than the Properties, shall in any way be affected by or become subject to the Declaration. All additional land which,
pursuant to this Article, is brought within the jurisdiction and control of the Association and made subject to the
Declaration shall thereupon and thereafter be included within the term “Properties” as used in the Declaration.
Notwithstanding anything contained in this Section 1, the Declarant neither commits to, nor warrants or represents, that
any such additional development shall occur.
B. General Land Plan. The present general plan of development shall not bind the Declarant to make any such
additions or adhere to the general plan of development. Such general plan of development may be amended or
modified by the Declarant, in whole or in part, at any time, or discontinued. As used herein, the term “General Land
Plan” shall mean such general plan of development, together with any amendments or modifications thereof hereafter
made.
Section 2. Procedure for Making Additions to the Properties. Additions to the Properties may be made and thereby
become subject to the Declaration by, and only by, one of the following procedures:
A. Additions in Accordance with a General Land Plan. The Declarant shall have the right from time to time, in its
discretion and without need for consent or approval by either the Association or its member, to bring within the
jurisdiction and control of the Association and make subject to the scheme of this Declaration, any additional land. In
the Declarant’s discretion, portions of this land may be designated as Common Area.
B. Previously Developed Portions of HEATHER LAKES AT BRANDON. Subject to reasonable terms and conditions of
the Association, individual Lots in the HEATHER LAKES AT BRANDON development, that were previously developed
by Declarant, may voluntarily submit to the jurisdiction and control of the Association and be subject to all terms of this
Declaration as if part of the Properties initially included within the terms hereof. This voluntary submission shall be
accomplished by the Lot owner’s execution and delivery of an irrevocable joinder to the Association. The form of the
joinder shall be prescribed by the Association. The execution and delivery of this irrevocable joinder shall make the lot
owner a Class A member of the Association. In the alternative, a Lot owner may chose to be a Class B member, which
is a voluntary membership.
Section 3. General Provision Regarding Additions to the Properties.
A. The additions authorized under Section 2(A) of this Article shall be made by the Declarant filing of record a
Supplement to Declaration of Covenants, Conditions and Restrictions with respect to the additional land extending the
scheme of the covenants and restrictions of this Declaration to such land, except as hereinafter provided in Section 3
(C). Such Supplement need only be executed by the Declarant and shall not require the joinder or consent of the
Association or its members. Such supplement may contain any complementary additions and modifications of the
covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any,
of the added land or permitted use thereof. In no event, however, shall such Supplement revoke, modify or add to the
covenants established by this Declaration as such affect the land described on attached Exhibit A.
B. Regardless of which of the foregoing methods is used to add additional land to that subject to the terms and
provisions of this Declaration, no additions shall revoke or diminish the rights of the Owners of the Properties to the
utilization of the Common Area as established hereunder except to grant to the Owners of the land being added to the
Properties the right to use the Common Area according to the terms and conditions as established hereunder, and the
right to vote and be assessed as hereinafter provided.
C. Nothing contained in this ARTICLE shall obligate the Declarant to make additions to the Properties.
Section 4. Voting Rights of the Declarant as to Additions to the Properties. The Declarant shall have no voting rights
as to the land added to the Properties or any portion thereof until such land or portion thereof is actually added to the
Properties in accordance with the provisions of this Article. Upon such land or portion thereof being added to the
Properties, the Declarant shall have the Class C voting rights as to the Lots or Units thereof as is previously provided
by the Declaration.
Section 5. Assessment Obligation of the Declarant as to Additional to the Properties. The Declarant shall have no
assessment obligation as to the land or any portion thereof added to the Properties until such land or portion thereof is
actually added to the Properties in accordance with the provisions of this Article. At such time, the Declarant shall
have, but only as to such of the additional land as is added, the assessment obligation hereinafter set forth. As to
such added land, the Declarant shall be exempt from annual assessments with regard to Lots or Units which it owns,
upon the same terms and conditions as contained in ARTICLE V of this Declaration, and shall have the same right as
therein provided to waive its exemption, and become subject to assessment at twenty-five percent (25%) of the annual
assessment established for Lots or Units owned by Class A members other than the Declarant.
Section 6. Voting Rights of Owners Other than the Declarant as to Additions to the Properties. Any Lots or Units on
land added to the Properties, which are owned by Owners other than the Declarant, or its assignees by separate
written document, shall be entitled to voting rights identical to those granted by this Declaration to other Owners of
Class A Lots or Units.
Section 7. Assessment Obligation of Owners Other than the Declarant as to Additions to the Properties. Any Lots or
Units on land added to the Properties which are owned by Owners other than the Declarant, or its assignees by
separate written document, shall be subject to assessments, annual, special and otherwise, in accordance with the
terms and provisions of the Declaration in the same manner as all other Owners of Class A Lots or Units within the
Properties.
ARTICLE XI
DECLARANT’S RIGHTS
Section 1. No Interference. Until such time as Declarant has completed all of the contemplated improvements and has
sold all of the Lots within the HEATHER LAKES AT BRANDON development, neither the Association nor its members
nor the use of the Common Area (as defined in the Declaration) by the Association and its members shall interfere with
the completion of the contemplated improvements or the sale by Declarant of Lots within the HEATHER LAKES AT
BRANDON development.
Section 2. Sales Offices, Models, etc. Until the Declarant has built and sold all of the improvements and Lots within
the HEATHER LAKES AT BRANDON development, Declarant reserves and the Association grants to the Declarant the
right to make such use of the unsold Lots, and the Common Area, as may facilitate completion and sale of Lots by the
Declarant. Without limiting the foregoing, Declarant shall have the right to maintain a sales office, model units,
administration offices and/or construction offices (which may be a construction trailer or a temporary or permanent
building). Declarant further shall have the right to erect and maintain signs, shall have the right to use the Common
Area for any sales purposes, shall have the right to grant the right of use of the Common Area to any prospects or any
other individual or groups in its sole discretion and shall be entitled to conduct all other reasonable marketing activities
described by Declarant.
Section 3. Amendment Prohibition. Without the express written consent of Declarant, no amendment shall be made
to the Declaration, and no Rules or Regulations shall be adopted by the Association which shall restrict, impair or in
any way modify the activities of the Declarant with regard to construction, assessments or other charges on Declarant’
s property, use of Common Areas and delegation of use of Common Areas and marketing of the remaining Lots in the
HEATHER LAKES AT BRANDON development, whether or not such activities are enumerated in the preceding
Sections 1 and 2.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 1st
day of March , 1989.
Signed, sealed and delivered
In the presence of: U. S. HOME CORPORATION
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, a Notary Public in and for the State and County aforesaid, duly authorized to take acknowledgments,
personally appeared GENE LANTON and Carole Deklerow , as Division Chairman and Division Secretary,
respectively, of U. S. HOME CORPORATION, to me well known, and they acknowledged before me that they executed,
sealed and delivered the foregoing Declaration of Covenants, Conditions and Restrictions for the uses and purposes
therein expressed, as such officers, by authority and on behalf of said corporation, as the free act and deed of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Clearwater, said County and State, this
1st day of March , 1989.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HEATHER LAKES AT BRANDON
