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 GHWA Official: MEMBERSHIP VOTE & SPECIAL MEMBERS MEETING

WoodlandsApril also brings a SPECIAL MEETING OF THE MEMBERS to be held on TUESDAY, APRIL 29, 6:30 P.M. at the GHWA CLUBHOUSE.

The purpose of the meeting is to allow members to vote on proposed Amendments to the Declaration of Protective Covenants and the Bylaws.

Please click on the "Read Story" link below to view proposed changes:



SCHEDULE OF AMENDMENTS

TO

DECLARATION OF PROTECTIVE COVENANTS FOR

GULF HARBORS WOODLANDS ASSOCIATION, INC .

Article 3.16 of the DECLARATION OF PROTECTIVE COVENANTS is proposed to be amended to state as follows:

3.16 “Single Family Residence” means a residential dwelling for one or more persons, each related to the other by blood, lawful marriage or legal adoption; provided, however, that no more than two (2) persons not so related may be residents of the dwelling simultaneously.

Article 6.12 of the DECLARATION OF PROTECTIVE COVENANTS is proposed to be added to state as follows:

6.12 This Declaration authorizes the creation and enforcement of architectural standards and guidelines approved by the Association’s Board of Directors. These standards and guidelines are available at the office of Gulf Harbors Woodlands Association, Inc.

3. Article 7.1.1 of the DECLARATION OF PROTECTIVE COVENANTS is proposed to be amended to state as follows:

7.1.1 Single Family Residential use. Only a Single Family Dwelling and out-buildings as are usually accessory thereto shall be permitted on any Lot designated as Single Family Residential. The following restrictions shall apply to such Lots. Unless a Lot is designated herein for some purpose other than Single Family Residential, the Lot is designated as a Single Family Residential Lot and may only be used as a Single Family Dwelling. No dwelling on a Single Family Residential Lot may be used as a lodging house, boarding house, fraternity house, sorority house, hotel, motel, dormitory, or timeshare. No dwelling on a Single Family Residential Lot may be used for any purpose other than as the residence of a single family which includes only the following persons: one or more persons, each related to the other by blood, lawful marriage, or legal adoption; provided, however, that no more than two (2) persons not so related may be residents of the dwelling simultaneously.

A. Lots may only be used as a Single Family Dwelling as defined in this Declaration. Lot rentals shall be for a minimum of three months. Subleasing of Lots is prohibited. No tenant may assign his or her leasehold rights in a Lot. Owners must give renters/lessees a copy of this Declaration of Protective Covenants, a copy of the Bylaws of Gulf Harbors Woodlands Association, Inc., a copy of the Rules and Regulations of Gulf Harbors Woodlands Association, Inc., and a copy of the policies and procedures of Gulf Harbors Woodlands Association, Inc. before the beginning of the term of the rental/lease, and owners shall sign a Delegation of Privileges document and file it with Gulf Harbors Woodlands Association, Inc. before the beginning of the lease term; said document may be obtained at the Gulf Harbors Woodlands Association, Inc. business office. In the Delegation of Privileges form, Lot Owners shall relinquish their rights to use the Gulf Harbors Woodlands facilities during the term of the rental agreement. Owners of Lots shall have injunction judgments entered against them for violations of this Declaration occurring on their Lot or Lots while such a Lot is being rented or leased, before it is rented or leased, and after such a Lot has been rented or leased. Owners of Lots shall continue to be liable to Gulf Harbors Woodlands Association, Inc. for all fines levied against them for violations of the restrictions contained in this Declaration even when the Lot is being rented or leased to a tenant or tenants.

B. No Lot may be leased or rented without approval of the lease or rental from the Board of Directors of Gulf Harbors Woodlands Association, Inc. An Owner must notify the Board of his or her intent to lease a Lot; and said Owner shall complete and submit to the Board forms required by the Association’s Board as have been adopted by the Board and published by the Board in the Rules and Regulations of the Association, and which may be amended from time to time by the Board. The Board shall not approve any lease or rental of a Lot if the Owner has not provided the Board with said Board-approved forms which have been fully filled out. The Board shall not approve any lease or rental of a Lot if the Owner has not paid the Association an application fee in the amount established by the Board in the Association’s Rules and Regulations. Said application fee will initially be $100.00, however that amount may be changed, at any time, by the Board amending the Association’s Rules and Regulations. The Board shall not approve any lease or rental of a Lot if either:

(1) any of the proposed occupants of the dwelling on the Lot has been convicted of any felony in this state, another state, or in a United States District or Territorial Court, or has been convicted of any felony in any other jurisdiction: unless all of such felon’s civil rights have been restored for at least five years as of the date on which the Association's Board receives the proposed lease and the application for approval of the lease, or

(2) any of the proposed occupants of the dwelling on the Lot has been convicted of murder, manslaughter, any felony battery or misdemeanor battery in this state, another state, or in a United States District or Territorial Court, or has been convicted of any such offense in another jurisdiction. After the effective date of this amendment, no person, who has the criminal record described in the sentence immediately preceding this sentence, may commence residing in a dwelling on a Lot which is subject to this Declaration. All Owners desiring to rent or lease their Lot shall submit to the Board, at the Owner’s expense: a criminal background report regarding each of the adult persons (i.e.: a person who is at least eighteen years of age) proposed to be a resident of the Lot as well as signed consents from each such proposed resident consenting to the submission of the criminal background report to the Association. The Board shall establish, by Rule and Regulation, which compilers of criminal background reports are acceptable compilers of criminal background reports for the purpose of complying with the criminal background report requirement established by this sub-section.

C. The Board shall not approve any lease or rental of a Lot if the condition of the Lot violates this Declaration or the Rules and Regulations of the Association or the written architectural standards of the Association.

D. The Board shall not approve any lease or rental of a Lot if the Owner of the Lot is liable to the Association for any amount of the homeowners’ association assessments pertaining to that Lot.

E. All leases and rentals of a Lot shall be subject to the terms of sub-section (8) of Florida Statutes Section 720.3085 (2013) as amended from time to time. This sub-section shall remain mandatory even if that subsection of the Florida Statutes, as amended from time to time, is declared to be wholly or partially unconstitutional by a Florida court. All leases are required to include the following provision: this lease shall be subject to the rights, obligations, and terms of sub-section (8) of Florida Statutes Section 720.3085 as amended from time to time; this requirement shall remain mandatory even if Florida Statutes Section 720.3085 (2013), as amended from time to time, is declared to be wholly or partially unconstitutional by a Florida court. The Board shall not approve any lease or rental of a Lot if the lease signed by all parties thereto does not include the following provision: this lease shall be subject to the rights, obligations, and terms of sub-section (8) of Florida Statutes Section 720.3085 as amended from time to time; this requirement shall remain mandatory even if Florida Statutes Section 720.3085 (2013), as amended from time to time, is declared to be wholly or partially unconstitutional by a Florida court.

F. All leases are required to include the following provision: this lease shall terminate as soon as one of the tenants is convicted of a misdemeanor battery or any type of felony in any state, territory, or country. The Board shall not approve any lease or rental of a Lot if the lease signed by all parties thereto does not include the following provision: this lease shall terminate as soon as one of the tenants is convicted of a misdemeanor battery or any type of felony in any state, territory, or country. The Board shall not approve any lease or rental of a Lot if each Owner of the Lot does not first sign a commitment, in front of two subscribing witnesses, to file an eviction action against all tenants of the Lot within thirty days of the postmark date of a demand for such an eviction which has been mailed by the Association to at least one Owner of the Lot after one of the tenants is convicted of a misdemeanor battery or any type of felony in any state, territory, or country. An Owner is violating this subsection if that Owner has not delivered said written commitment to the Association.

G. The Board is authorized to create and enforce Rules and Regulations governing the subject matters of this section 7.1.1 of this Declaration of Protective Covenants.

Article 9.28 of the DECLARATION OF PROTECTIVE COVENANTS is proposed to be added to state as follows:

The Board is authorized to create and enforce Rules and Regulations governing the subject matters of this Declaration of Protective Covenants.

Article 9.29 of the DECLARATION OF PROTECTIVE COVENANTS is proposed to be added to state as follows:

9.29 A Lot may not be sold without the approval of the Board of Directors of Gulf Harbors Woodlands

Association, Inc. The Board shall not approve any sale of a Lot if any of the proposed purchasers of the Lot or his or her spouse currently own property in Gulf Harbors Woodlands and the condition of that currently owned property violates this Declaration or the Rules and Regulations of the Association or the written architectural standards of the Association and/or such proposed purchaser or such spouse is liable to the Association for any amount of the homeowners’ association assessments or fines pertaining to any Lot in Gulf Harbors Woodlands. These grounds shall be the only grounds on which the Board may base a decision to disapprove the sale or proposed sale of a Lot. The effective date of this Section 9.29 as part of this Declaration of Protective Covenants is the date of its official recording in the Public Records of Pasco County, Florida. Only those Lots whose title is transferred after the initial Public Records recording date of this Section 9.29 will be owned subject to this Section 9.29. For purposes of this Section, the date of transfer of a lot shall be the date that evidence of the transfer is recorded in the Public Records of Pasco County, Florida. For purposes of this Section, examples of Lots whose title has been transferred include, but is not limited to: a lot acquired by tax deed, a lot acquired by purchase at a foreclosure sale as evidenced by a recorded certificate of title, and a lot that has been acquired by devise or inheritance as evidenced by a recorded order determining homestead status of real property or a recorded personal representative's deed.

========================

SCHEDULE OF AMENDMENTS

TO

BYLAWS FOR

GULF HARBORS WOODLANDS ASSOCIATION, INC.

1. Article II, paragraph L. of the Bylaws is proposed to be amended to state as follows:

L. “Single Family Residence” means a residential dwelling for one or more persons, each related to the other by blood, a lawful marriage or legal adoption; provided, however, that no more than two (2) persons not so related may be residents of the dwelling simultaneously.


Posted On Sunday, April 20, 2014


 
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