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Filing # 151722111 E-Filed 06/17/2022 01:27:45 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLOMDA
PARKSIDE AT BUENA VISTA WOODS
HOMEOWNERSASSOCIATION, INC.,
a Florida not-for-profit corporation, CASE NO.:
Plaintiff,
VS.
LEANDRO ALVARES AGUIARI AND
ERIKA EKSTEIN AGUIARI,
Defendants.
COMPLAINT
Plaintiff, PARKSIDE AT BUENA VISTA WOODS HOMEOWNERS' ASSOCIATION,
INC., a Florida not-for-profit corporation, by and through its undersigned counsel, files this
Complaint against Defendants, LEANDRO ALVARES AGUIARI AND ERIKA EKSTEIN
AGUIARI, and alleges as follows:
1. This is an action for injunctive relief.
2. This Court has jurisdiction of this action by the authority of Section 26.012, Florida
Statutes.
3. The Defendants, LEANDRO ALVARES AGUIARI AND ERIKA EKSTEIN
AGUIARI (hereinafter referred to as "DEFENDANTS"), own real property in Orange County,
Florida.
4. Plaintiff, PARKSIDE AT BUENA VISTA WOODS HOMEOWNERS'
ASSOCIATION, INC. (hereinafter referred to as "ASSOCIATION"), is a not-for-profit Florida
corporation.
5. DEFENDANTS are the owners of a certain residential tract of land in Orange
County, Florida (hereinafter referred as "Subject Property"), located at 8452 Chilton Drive, Orlando,
FL 32836, and more particularly described as follows:
LOT 102, PARKSIDE PHASE 1,ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 79, PAGE(S) 73 THROUGH 78,
INCLUSIVE, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA.
6. The Subject Property is comprised of a lot and completed residence which is part of a
fully developed residential subdivision known as PARKSIDE AT BUENA VISTA WOODS.
7. The ASSOCIATION isthe corporate entity that was created to enforce the covenants
and restrictions for PARKSIDE AT BUENA VISTA WOODS and is authorized by the documents
creating PARKSIDE AT BUENA VISTA WOODS HOMEOWNERSASSOCIATION, INC. to file
this action.
8. The Subject Property is, and has, at all times referred to in this Complaint, been
subject to certain restrictions and covenants applicable thereto and described as the Declaration of
Covenants, Conditions and Restrictions for Parkside at Buena Vista Woods, recorded at Official
Records Book 10566, Page 3887, Public Records of Orange County, Florida, as amended
(hereinafter refeiTed to as the "Declaration") and further described in the Parkside at Buena Vista
Woods Architectural Review Guidelines, recorded at Official Records DOC # 20180206844, Public
Records of Orange County, Florida, as amended from time to time (hereinafter referred to as the
"ARC Guidelines"). A complete copy of the Declaration and ARC Guidelines are attached hereto as
Exhibit "A" and incorporated herein by reference.
9. DEFENDANTS' ownership and possession of the Subject Property was taken and is
held with constructive notice of the Declaration.
10. Article V, Section 5.1 of the Declaration states as follows, in pertinent part:
"Every Owner shall comply with the restrictions and covenants set forth herein
and any and all Association Rules hereafter adopted by the Association."
11. Article V, Section 5.12 of the Declaration states as follows, in pertinent part:
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"Except as initially installed by the Declarant or a Designated Builder, no
heating, air conditioning, evaporative cooling or solar energy collecting unit or
panels shall be placed, constructed or maintained upon any Lot without the
prior written approval of the New Construction Committee or Architectural
Committee, as applicable."
12. Article V, Section 5.14 of the Declaration states as follows, in pertinent part:
"Any Lot that has non-solid fencing...on any boundary of its rear yard shall be
completely landscaped and irrigated (front, rear, and side yards) by the Owner
of such Lot in compliance with Architectural Committee Rules and other
applicable requirements set forth in the applicable zoning ordinances within
one hundred twenty (120) days of becoming the Owner of the Lot. The
landscaping and irrigation ilnprovelnents shall be installed inaccordance with
plans approved in writing by the New Construction Committee or
Architectural Committee, as applicable. Prior to installation of such
landscaping, the Owner shall maintain the portions of such Lot required to be
landscaped in a weed-free condition."
13. Article V, Section 5.14 of the Declaration states as follows, in pertinent part:
"A11 refuse, including without limitation all animal wastes, shall be regularly
rernoved from the Lots and shall not be allowed to accumulate thereon. Until
removal from the Lots, refuse shall be placed in closed refuse containers with
operable lids so that such containers are not open to the air..."
14. Article V, Section 5.24(B) of the Declaration states as follows:
"No Improvements shall be constructed or installed on any Lot without the
written approval of the Architectural Cornmittee."
15. Article V, Section 5.24(C) of the Declaration states as follows, in pertinent part:
"No addition, alteration, repair, change or other work which in any way alters
the exterior appearance, including but without lirnitation, the exterior color
scheme of any Lot, or the Improvements located thereon, shall be made or
done without the prior written approval of the Architectural Committee."
16. Article V, Section 5.24(E) of the Declaration states as follows, in pertinent part:
"Without curtailing the right of the Architectural Committee to reject certain
requests or employ judgment in evaluating requests, the following guidelines
shall be considered when evaluating requests regarding fences. Even in the
event of strict compliance with the following guidelines, prior written approval
from the Architectural Committee shall be required for each and every fence
installation.
(i) Any fence installed on a Lot within the Property must have a
uniform maximum height of six feet (6') above the sod level.
(ii) Any fence must be made entirely of one of the following
materials: (a) PVC; (b) wrought iron; or (c) aluminum rail.
(iii) All fences conaprised of PVC shall be beige in color, or painted
beige in color within thirty (30) days of installation. All fences
cornprised of wrought iron or aluminum rail shall be black in
color or painted black in color within thirty (30) days of
installation.
(iv) No fence shall be approved or installed which encroaches into
Common Area or other Lots.
(v) No fence shall be approved or installed which extends in front
of the front wall of the Residential Unit or beyond the rear wall
of the Residential Unit without the prior approval of the
Architectural Committee."
17, Article IX, Section 9.1 of the Declaration states as follows, in pertinent part:
"Each Owner shall rnaintain his Lot and Residential Unit in good repair. The
yards and landscaping on all improved Lots shall be neatly and attractively
maintained, and shall be cultivated and planted to the extent required to
maintain an appearance in harmony with other improved Lots in the
Property...55
18. Section Window Air-Conditioning Units of the ARC Guidelines states as follows:
"One piece air conditioning units that mount through windows or walls are not
allowed."
19. Section Lawn/Sod of the ARC Guidelines states as follows, in pertinent part:
"The approved sod is Zoysia —
Empire for all lots in the community —
no
others are allowed..."
20. DEFENDANTS are in violation of the sections referenced above of the Declaration
and ARC Guidelines because DEFENDANTS failed to maintain the Subject Property as required, as
follows:
A) DEFENDANTS failed to remove excess pavers from a driveway extension to
reduce the width of said extension to four (4) feet per the Architectural
Committee's (AC") conditions of approval; and
B) DEFENDANTS installed two different types of sod at the Subject Property
without first obtaining AC approval that are additionally in violation of the
ARC guidelines requiring Zoysia —
Empire sod only; and
4
C) DEFENDANTS installed unapproved air conditioning units at the Subject
Property; and
D) DEFENDANTS installed an unapproved fence at the Subject Property that is
additionally in violation of the ARC guidelines due to its color; and
E) DEFENDANTS maintained the Subject Property in an unkempt condition by
failing to store personal items and failing to remove refuse such as discarded
cardboard from the front yard.
See attached hereto as Exhibit "B" and incorporated herein by reference photographs of the above
referenced violations at the Subject Property.
21. Demands for correction of these violations were made by the ASSOCIATION as
evidenced by the letters attached hereto as Exhibit "C" and incorporated by reference.
22. DEFENDANTS failed and refused to conect the violations; therefore, in accordance
with Section 720.311, Florida Statutes, the ASSOCIATION sent DEFENDANTS a Statutory Offer
to Participate in Pre-suit Mediation. The Statutoiy Offer demonstrating compliance with Section
720.311, Florida Statutes, is attached hereto as Exhibit "D" and incorporated by reference.
23. DEFENDANTS failed and refused to participate in pre-suit mediation and failed and
refiised to correct the violations.
24. Pursuant to Section 720.305 (1) and Section 720.311, Florida Statutes, and Article XI,
Section 11.1 of the Declaration of Covenants, Conditions and Restrictions for Parkside at Buena
Vista Woods, the ASSOCIATION is entitled to recover its reasonable attorneysfees and costs
incurred in this action from the DEFENDA_NTS if the ASSOCIATION is the prevailing party.
25. The ASSOCIATION has retained the law firm of Martell & Ozim, P.A. to represent it
in this action and has agreed to pay the law firm a reasonable fee for its services.
26. DEFENDANTS' continued violation of the Declaration entitles the ASSOCIATION,
as a matter of law, to injunctive relief to prevent DEFENDANTS' continued breach of the
Declaration. Jack Eekerd Corp. v 17070 Collins Ave, Shopping Center, Ltd., 563 So .2d 103 (Fla. 3d
DCA 1990).
WHEREFORE, the ASSOCIATION demands and prays that this Honorable Court issue a
final judgment in the form of a mandatmy injunction ordering the DEFENDANTS to perform the
following at the Subject Property:
A) Remove all excess pavers from the Subject Property driveway extension to
reduce the width of said extension to four (4) feet per the Architectural
Committee's (AC") conditions of approval; and
B) Submit an application to install approvable sod at the Subject Property and
restore the sod to Zoysia -
Empire; and
C) Remove the unapproved air conditioning units and restore the property to its
original condition; and
D) Submit an application to install the fence at the Subject Property and to paint
the fence beige in color and thereafter paint the fence upon approval; and
E) Maintain the Subject Property in a neat and attractive condition by properly
storing personal items out of sight and removing refuse such as discarded
cardboard from the front yard; and
F) Reimburse the ASSOCIATION for its costs and reasonable attorneysfees in
bringing this action; and
G) Such other and further relief as this Honorable Court, in its discretion, deems
appropriate and equitable.
4.-f)
Dated this i day of June, 2022.
/,
LISA ACHAREKAR, ESQ.
Florida Bar No. 0734721
MARTELL & OZIM, P.A.
213 S. Dillard St., Suite 210
Winter Garden, Florida 34787
Phone: (407) 377-0890
Fax: (407) 674-2543
Attorneys for Plaintiff
Email: lacharekar@rnartellandozim.com
6
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD 13E RETURNED TO:
Gary M. Kaleita, Esquire
Lowndcs, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, FL 32802-2809
(407) 843-4600 DOM 20130245666 B: 10566 P: 3587
05/08/2013 12:25:02 PM Page 1 of 88
Reo Fee: $749.50
Martha O. Haynie, Comptroller
Orange County, FL
IO -
Ret To: ORANGE COUNTY PUBLIC UORK
II 16 Efinhigtilll II
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
PARKSIDE AT BUENA VISTA WOODS
9010017\148904\1465675v8
Exhibit "Pt"
20130245686 Page 2 of88
Table of Contents
Article I DEFINITIONS 3
Article II PLAN OF DEVELOPMENT 7
Article III THE ASSOCIATION; RIGHTS AND DUTIES, MEMBERSHIP AND
VOTING RIGHTS 9
Article IV COVENANT FOR MAINTENANCE ASSESSMENTS 16
Article V USE RESTRICTIONS 23
Article VI RESERVATION OF RIGHT TO RESUBDIVIDE AND REPLAT 36
Article VII INTENTIONALLY OMITTED 36
Article VIII EASEMENTS 37
Article IX MAINTENANCE 42
Article X INSURANCE; CONDEMNATION 45
Article XI TERM AND ENFORCEMENT 48
Article XII CLAIM AND DISPUTE RESOLUTION/LEGAL ACTIONS 50
Article XIH GENERAL PROVISIONS 55
Article XIV WATER MANAGEMENT DISTRICT REQUIREMENTS 57
Article XV SPECIAL PROVISIONS 59
LEGAL DESCRIPTION OF PROPERTY 65
Exhibit "A" Legal Description of Property
Exhibit "B" Articles of Incorporation of Association
Exhibit "C" Bylaws of Association
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20130245686 Page 3 of 88
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
PARKSIDE AT BUENA VISTA WOODS
THIS DECLARATION is made on the date hereinafter set forth by MERITAGE
HOMES OF FLORIDA, INC., a Florida corporation, whose address is 5337 Millenia Lakes
Boulevard, Suite 160, Orlando, Florida 32839 ("Declaranf).
WITNESSETH:
WHEREAS, Declarant isthe owner of certain real property ("Property") located in the
County of Orange, State of Florida, described on Exhibit "A" attached hereto; and
WHEREAS, Declarant desires to preserve and enhance the quality of life in the
community being developed on the Property, provide for the maintenance of certain common
areas and improvements within the Property and provide for the development on the Property of
detached single family residences; and
WHEREAS, Declarant has formed a not-for-profit corporation pursuant to Chapters 617
and 720, Florida Statutes, to own, maintain, operate and/or administer the common areas and
improvements within the Property, to administer and enforce this Declaration, and tocollect and
disburse the assessments and charges hereinafter created, all as setforth herein.
NOW, THEREFORE, Declarant hereby declares that the Property described above shall
be subject to the following reservations, easements, limitations, restrictions, servitudes,
covenants, conditions, charges and liens (hereinafter sometimes collectively termed "Covenants
and Restrictions') which are for the purpose of protecting the value and desirability of the
Property, and which shall run with the land, and be binding on all parties having any right, title
or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure
to the benefit of each Owner of any portion of the Property.
ARTICLE I
DEFINITIONS
Section 1.1 "Additional Property" means any real property, other than the real
property described on Exhibit "A" attached hereto, which is made subject to the provisions of
this Declaration when added to the Property as provided by Article II,Section 2.2 herein below.
Section 1.2 "Architectural Committee" means the committee established pursuant to
Section 3.8 of this Declaration.
Section 1.3 "Architectural Committee Rules" means the rules adopted by the
Architectural Committee, as such rules may be amended from time to time.
Section 1.4 "Articles" means the Articles of Incorporation of the Association, which
have been filed with the Office of the Secretary of State of the State of Florida, a current copy of
which is attached hereto as Exhibit "B," as may be amended from time to time.
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20130245686 Page 4 of 88
Section 1.5 "Assessment Lien- means the lien granted to the Association by this
Declaration to secure the payment of Assessments and all other amounts payable to the
Association under the Project Documents,
Section 1.6 "Assessments" means the annual, special, and neighborhood assessments
levied and assessed against each Lot pursuant to Article IV of the Declaration.
Section 1.7 "Association" means Parkside at Buena Vista Woods Homeowners'
Association, Inc., a Florida nonprofit corporation organized by the Declarant to adrninister and
enforce the Project Documents and toexercise the rights, powers and duties set forth therein, and
its successors and assigns.
Section 1.8 "Association Rules" means the rules and regulations adopted by the
Association, as the same may be amended from time totime,
Section 1.9 "Board" or "Board of Directors" means the board of directors of the
Association,
Section 1.10 "Builder" means a person or entity in the business of, or a person or entity
which has an affiliate in the business of, constructing and selling homes or in the business of
acting as a land banker that sellslots to persons or entitieswho construct and sell homes, which
purchases a Lot or Lots without Residential Units construeted thereon for the purpose of
constructing Residential Units thereon and selling such Lots and Residential Units.
Section 1.11 "Bylaws" means the bylaws of the Association, a current copy of which is
attached hereto as Exhibit "C," as may be amended from time to time.
Section 1.12 "Common Aree means all real property and real property interests owned
by the Association, specifically including, but not limited to, Tracts A, B, F, F-1, G, and H, as
shown on the Plat and the easement rights and interests which are the subject of that certain
Stormwater Drainage Easement Agreement dated January 9, 2012 and recorded on January 12,
2012 in Official Records Book 10317, Page 8489 of the Public Records of Orange County,
Florida (the "Stormwater Drainage Easement Agreemenr). Such definition shall not preclude
the Association from operating, maintaining or repairing any other real property for the benefit of
the members of the Association (such as but not limited to landscaping in public rights-of-way)
or any other real property maintained by the Association pursuant to a written agreement entered
into by the Association for the benefit ofthe members.
Section 1.13 "Common Expenses" means expenditures made by, or financial liabilities
of the Association, together with any allocations to reserves.
Section 1.14 "County" means Orange County, Florida.
Section 1.15 "Declarant" means Meritage Homes of Florida, Inc.,a Florida corporation,
and its successors and assigns, and any assignee of Declarant's rights, Declarant may assign any
of its rights by express recorded instrument to a subsequent Owner of all or part of the Property.
At any time when there •is more than one Declarant, except as otherwise expressly provided in
this Declaration, any approval or other action required or permitted by the "Declarant" under this
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20130245686 Page 5 of 88
Declaration shall require the written consent of the Declarants owning a majority of all Lots then
owned by all Declarants. No successor Declarant shall have any liability resulting from any
actions or inactions of any preceding Declarant unless expressly assumed by the successive
Declarant, in which event the preceding Declarant shall be released from liability. If there is
more than one Declarant, the obligations and liabilities of the Declarant under this Declaration
shall be limited to the obligations that relate to the Lots within the Project then owned by such
Declarant at the time liabilitiesor obligations arose, such liability shall not be joint or joint and
several, and a Declarant shall not be liablefor the actions or inactions or another Declarant.
Section 1.16 "Declaration" means the provisions of this document and any amendments
hereto.
Section 1.17 "Designated Buildee means any Builder that is designated by Declarant
as a "Designated Buildee in a supplemental declaration or in a written notice given by Declarant
to the Association and by such designation receives certain rights as expressly provided in this
Declaration.
Section 1.18 "District Permir means the permit and/or approval issued by the Water
Management District, as modified from time to time with the approval of the Water Management
District, which govems the construction, use, operation and/or maintenance of the Surface Water
System for the Project. The Association is obligated to accept assignment of, and
Management
to assume in writing, all of Declarant's rights and obligations under the District Permit.
Section 1.19 "First Mortgage means any mortgage (including but not limited to any
deed of trust or contract for deed, which applicable law would characterize as a mortgage) on a
Lot which has priority over all other mortgages on the same Lot.
Section 1.20 "First Mortgagee means the holder of any First Mortgage.
Section 1.21 "Improvemenr means buildings, roads, driveways, site or subdivision
improvements, areas, fences, walls, rocks, hedges, trees, shrubs, other plantings, and all
parking
other structures or landscaping improvements of every type and kind.
Section 1.22 "Lot" or "lot" means any Lot shown on a Plat. For purposes of voting on
if a Plat
any issue required to receive the approval of Lot Owners, a parcel is (i) designated on as
a tract or parcel other than a Lot or Common Area (such as, but not limited to, a future
development tract), (ii)is zoned for residential use, and (iii)is encumbered by this Declaration,
then the Owner of such parcel shall be deemed to be the Owner of the maximum number of Lots
into which such parcel may be subdivided under then applicable zoning and other legal
requirements.
Section 1.23 "Membee means any person, corporation, partnership, joint venture or
other legal entity who is a member of the Association as provided in Article 111, Section 3.9
hereof.
Section 1.24 "New Constructioe means the initial construction of a Residential Unit
and related Improvements on a Lot.
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20130245686 Page 6 of 88
Section 1.25 `'New Construction Committee- means the committee established
pursuant to Section 3.7 of this Declaration.
Section 1.26 "Owner" or "owner" shall mean the record owner, except as provided
below, whether one or more persons or entities,of fee simple titleto any Lot, excluding one who
is buying a Lot under a contract (whether or not notice thereof is recorded) but has not yet
acquired titleto the Lot, and also excluding others having an interest merely as security for the
perforrnance of an obligation.
Section 1.27 ``Plar means any recorded subdivision plat of any portion of the Property
and allamendments thereto.
Section 1.28 "Project" means the Property together with all Improvements located
thereon and all easements, rights and privileges appurtenant thereto.
Section 1.29 "Project Documente means this Declaration and the Articles, Bylaws,
Association Rules and Architectural Committee Rules.
Section 1.30 "Purchase?means any person other than a Declarant or a Designated
Builder, who by means of a voluntary transfer becomes the Owner of a Lot except for an Owner
who purchases a Lot and then leases it to a Declarant for use as a model in connection with the
sale of other Lots.
Section 1.31 "Residential Unie means any building situated upon a Lot and designed
and intended for independent ownership and for use and occupancy as a residence by a Single
Family.
Section 1.32 "Single Family" shall mean an individual living alone, a group of two or
more persons each related to the other by blood, marriage or legal adoption, or a group of not
more than three persons not all so related, together with their domestic servants, who maintain a
common household in a dwelling.
Section 1.33 "Single Family Residence" shall mean a building, house, or dwelling unit
used as a residence for a Single Family, including any appurtenant garage and/or storage area.
Section 1.34 "Single Family Residential Use shall mean the occupation or use of a
Single Family Residence in conformity with this Declaration and the requirements imposed by
applicable zoning laws or other state, county or municipal rules and regulations.
Section 1.35 "Surface Water Management System" or "Stormwater Management
System" shall rnean the system which is designed and constructed or implemented to control
discharges which are necessitated by rainfall events, incorporating methods to collect, convey,
store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage,
environmental degradation, and water pollution or otherwise affect the quantity or quality of
discharges from the system, as permitted by Chapters 40A through 40E, Florida Administrative
Code, as applicable.
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20130245686 Page 7 of 88
Section 1.36 "Tract" means any portion of the Property established as a Tract in any
Plat.
Section 1.37 "Turnover" means that point in time at which the Declarant is incapable of
electing a majority of the Board of Directors of the Association. For the purposes of this
Declaration, Turnover shall occur upon the termination of the Class B membership pursuant to
Article Ill,Section 3.11 herein below.
Section 1.38 "Visible from Neighboring Propertyor "visible from neighboring
property" shall mean that an object is or would be visible to a person six feet (6') tall standing on
a neighboring Lot, Tract, Common Area or streetat an elevation not greater than the elevation at
the base of the object being viewed.
Section 1.39 "Water Management Districr shall mean the South Florida Water
Management District.
ARTICLE II
PLAN OF DEVELOPMENT
Section 2.1 Property Initially Subject to the Declaration. This Declaration is being
recorded to establish a general plan for the development and use of the Project in order to protect
and enhance the value and desirability of the Project. All of the Property within the Project shall
be held, sold, and conveyed subject to this Declaration. By acceptance of a deed or by acquiring
any interest in any of the Property subject to this Declaration, each person or entity, for himself
or itself,his heirs, personal representatives, successors, transferees and assigns, binds himself,
his heirs, personal representatives, successors, transferees and assigns, to allof the provisions,
restrictions, covenants, conditions, rules, and regulations now or hereafter imposed by this
Declaration and any amendments thereof. In addition, each such person by so doing thereby
acknowledges that this Declaration sets forth a general plan for the development and use of the
Property and hereby evidences his intent that all the restrictions, conditions, covenants,
easements, rules and regulations contained in this Declaration shall run with the land and be
binding on all subsequent and future Owners, grantees, purchasers, assignees, lessees and
transferees thereof. Furthermore, each such person fully understands and acknowledges that this
Declaration shall be mutually beneficial, prohibitive, and enforceable by the Association and all
Owners. Declarant, itssuccessors, assigns and grantees, covenants and agrees that the Lots and
the membership in the Association and the other rights created by this Declaration shall not be
separated or separately conveyed, and such shall be deemed to be conveyed or encumbered with
its respective Lot even though the description in the instrument of conveyance or encumbrance
may refer only to the Lot.
Section 2.2 Additional Property, So long as the Class B membership (as hereinafter
defined) shall exist, the Declarant may, from time to time, bring all or any portions of the
Additional Property under the provisions hereof by recorded supplemental declarations (which
shall not require the consent of any then existing Owners, the Association, or any mortgagee) and
thereby add to and include all or such portions of the Additional Property as part of the Property
subject to this Declaration. To the extent that Additional Property shall be made a part of the
Property as a common scheme, reference herein to the Property should be deemed to be a
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20130245686 Page 8 of 88
reference to allof such Additional Property where such reference is intended to include property
other than that legally described on Exhibit "A" attached hereto. Nothing herein, however, shall
obligate the Declarant to add to the initialportion of the Property, to develop any such future
portions under such common scheme, nor to prohibit the Declarant from rezoning and/or
changing the plans with to such future portions, nor to prohibit the
development respect
Declarant from adding additional or other property to the Property under such common scheme.
Section 2.3 Supplemental Declarations. Supplemental declaration(s) may, but need
not necessarily, be recorded from time totime by Declarant (or with the express prior written
consent of Declarant, in its sole discretion). A supplemental declaration shall be supplemental to
Preview
Filing # 151722111 E-Filed 06/17/2022 01:27:45 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLOMDA PARKSIDE AT BUENA VISTA WOODS HOMEOWNERSASSOCIATION, INC., a Florida not-for-profit corporation, CASE NO.: Plaintiff, VS. LEANDRO ALVARES AGUIARI AND ERIKA EKSTEIN AGUIARI, Defendants. COMPLAINT Plaintiff, PARKSIDE AT BUENA VISTA WOODS HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation, by and through its undersigned counsel, files this Complaint against Defendants, LEANDRO ALVARES AGUIARI AND ERIKA EKSTEIN AGUIARI, and alleges as follows: 1. This is an action for injunctive relief. 2. This Court has jurisdiction of this action by the authority of Section 26.012, Florida Statutes. 3. The Defendants, LEANDRO ALVARES AGUIARI AND ERIKA EKSTEIN AGUIARI (hereinafter referred to as "DEFENDANTS"), own real property in Orange County, Florida. 4. Plaintiff, PARKSIDE AT BUENA VISTA WOODS HOMEOWNERS' ASSOCIATION, INC. (hereinafter referred to as "ASSOCIATION"), is a not-for-profit Florida corporation. 5. DEFENDANTS are the owners of a certain residential tract of land in Orange County, Florida (hereinafter referred as "Subject Property"), located at 8452 Chilton Drive, Orlando, FL 32836, and more particularly described as follows: LOT 102, PARKSIDE PHASE 1,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 79, PAGE(S) 73 THROUGH 78, INCLUSIVE, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. 6. The Subject Property is comprised of a lot and completed residence which is part of a fully developed residential subdivision known as PARKSIDE AT BUENA VISTA WOODS. 7. The ASSOCIATION isthe corporate entity that was created to enforce the covenants and restrictions for PARKSIDE AT BUENA VISTA WOODS and is authorized by the documents creating PARKSIDE AT BUENA VISTA WOODS HOMEOWNERSASSOCIATION, INC. to file this action. 8. The Subject Property is, and has, at all times referred to in this Complaint, been subject to certain restrictions and covenants applicable thereto and described as the Declaration of Covenants, Conditions and Restrictions for Parkside at Buena Vista Woods, recorded at Official Records Book 10566, Page 3887, Public Records of Orange County, Florida, as amended (hereinafter refeiTed to as the "Declaration") and further described in the Parkside at Buena Vista Woods Architectural Review Guidelines, recorded at Official Records DOC # 20180206844, Public Records of Orange County, Florida, as amended from time to time (hereinafter referred to as the "ARC Guidelines"). A complete copy of the Declaration and ARC Guidelines are attached hereto as Exhibit "A" and incorporated herein by reference. 9. DEFENDANTS' ownership and possession of the Subject Property was taken and is held with constructive notice of the Declaration. 10. Article V, Section 5.1 of the Declaration states as follows, in pertinent part: "Every Owner shall comply with the restrictions and covenants set forth herein and any and all Association Rules hereafter adopted by the Association." 11. Article V, Section 5.12 of the Declaration states as follows, in pertinent part: 2 "Except as initially installed by the Declarant or a Designated Builder, no heating, air conditioning, evaporative cooling or solar energy collecting unit or panels shall be placed, constructed or maintained upon any Lot without the prior written approval of the New Construction Committee or Architectural Committee, as applicable." 12. Article V, Section 5.14 of the Declaration states as follows, in pertinent part: "Any Lot that has non-solid fencing...on any boundary of its rear yard shall be completely landscaped and irrigated (front, rear, and side yards) by the Owner of such Lot in compliance with Architectural Committee Rules and other applicable requirements set forth in the applicable zoning ordinances within one hundred twenty (120) days of becoming the Owner of the Lot. The landscaping and irrigation ilnprovelnents shall be installed inaccordance with plans approved in writing by the New Construction Committee or Architectural Committee, as applicable. Prior to installation of such landscaping, the Owner shall maintain the portions of such Lot required to be landscaped in a weed-free condition." 13. Article V, Section 5.14 of the Declaration states as follows, in pertinent part: "A11 refuse, including without limitation all animal wastes, shall be regularly rernoved from the Lots and shall not be allowed to accumulate thereon. Until removal from the Lots, refuse shall be placed in closed refuse containers with operable lids so that such containers are not open to the air..." 14. Article V, Section 5.24(B) of the Declaration states as follows: "No Improvements shall be constructed or installed on any Lot without the written approval of the Architectural Cornmittee." 15. Article V, Section 5.24(C) of the Declaration states as follows, in pertinent part: "No addition, alteration, repair, change or other work which in any way alters the exterior appearance, including but without lirnitation, the exterior color scheme of any Lot, or the Improvements located thereon, shall be made or done without the prior written approval of the Architectural Committee." 16. Article V, Section 5.24(E) of the Declaration states as follows, in pertinent part: "Without curtailing the right of the Architectural Committee to reject certain requests or employ judgment in evaluating requests, the following guidelines shall be considered when evaluating requests regarding fences. Even in the event of strict compliance with the following guidelines, prior written approval from the Architectural Committee shall be required for each and every fence installation. (i) Any fence installed on a Lot within the Property must have a uniform maximum height of six feet (6') above the sod level. (ii) Any fence must be made entirely of one of the following materials: (a) PVC; (b) wrought iron; or (c) aluminum rail. (iii) All fences conaprised of PVC shall be beige in color, or painted beige in color within thirty (30) days of installation. All fences cornprised of wrought iron or aluminum rail shall be black in color or painted black in color within thirty (30) days of installation. (iv) No fence shall be approved or installed which encroaches into Common Area or other Lots. (v) No fence shall be approved or installed which extends in front of the front wall of the Residential Unit or beyond the rear wall of the Residential Unit without the prior approval of the Architectural Committee." 17, Article IX, Section 9.1 of the Declaration states as follows, in pertinent part: "Each Owner shall rnaintain his Lot and Residential Unit in good repair. The yards and landscaping on all improved Lots shall be neatly and attractively maintained, and shall be cultivated and planted to the extent required to maintain an appearance in harmony with other improved Lots in the Property...55 18. Section Window Air-Conditioning Units of the ARC Guidelines states as follows: "One piece air conditioning units that mount through windows or walls are not allowed." 19. Section Lawn/Sod of the ARC Guidelines states as follows, in pertinent part: "The approved sod is Zoysia — Empire for all lots in the community — no others are allowed..." 20. DEFENDANTS are in violation of the sections referenced above of the Declaration and ARC Guidelines because DEFENDANTS failed to maintain the Subject Property as required, as follows: A) DEFENDANTS failed to remove excess pavers from a driveway extension to reduce the width of said extension to four (4) feet per the Architectural Committee's (AC") conditions of approval; and B) DEFENDANTS installed two different types of sod at the Subject Property without first obtaining AC approval that are additionally in violation of the ARC guidelines requiring Zoysia — Empire sod only; and 4 C) DEFENDANTS installed unapproved air conditioning units at the Subject Property; and D) DEFENDANTS installed an unapproved fence at the Subject Property that is additionally in violation of the ARC guidelines due to its color; and E) DEFENDANTS maintained the Subject Property in an unkempt condition by failing to store personal items and failing to remove refuse such as discarded cardboard from the front yard. See attached hereto as Exhibit "B" and incorporated herein by reference photographs of the above referenced violations at the Subject Property. 21. Demands for correction of these violations were made by the ASSOCIATION as evidenced by the letters attached hereto as Exhibit "C" and incorporated by reference. 22. DEFENDANTS failed and refused to conect the violations; therefore, in accordance with Section 720.311, Florida Statutes, the ASSOCIATION sent DEFENDANTS a Statutory Offer to Participate in Pre-suit Mediation. The Statutoiy Offer demonstrating compliance with Section 720.311, Florida Statutes, is attached hereto as Exhibit "D" and incorporated by reference. 23. DEFENDANTS failed and refused to participate in pre-suit mediation and failed and refiised to correct the violations. 24. Pursuant to Section 720.305 (1) and Section 720.311, Florida Statutes, and Article XI, Section 11.1 of the Declaration of Covenants, Conditions and Restrictions for Parkside at Buena Vista Woods, the ASSOCIATION is entitled to recover its reasonable attorneysfees and costs incurred in this action from the DEFENDA_NTS if the ASSOCIATION is the prevailing party. 25. The ASSOCIATION has retained the law firm of Martell & Ozim, P.A. to represent it in this action and has agreed to pay the law firm a reasonable fee for its services. 26. DEFENDANTS' continued violation of the Declaration entitles the ASSOCIATION, as a matter of law, to injunctive relief to prevent DEFENDANTS' continued breach of the Declaration. Jack Eekerd Corp. v 17070 Collins Ave, Shopping Center, Ltd., 563 So .2d 103 (Fla. 3d DCA 1990). WHEREFORE, the ASSOCIATION demands and prays that this Honorable Court issue a final judgment in the form of a mandatmy injunction ordering the DEFENDANTS to perform the following at the Subject Property: A) Remove all excess pavers from the Subject Property driveway extension to reduce the width of said extension to four (4) feet per the Architectural Committee's (AC") conditions of approval; and B) Submit an application to install approvable sod at the Subject Property and restore the sod to Zoysia - Empire; and C) Remove the unapproved air conditioning units and restore the property to its original condition; and D) Submit an application to install the fence at the Subject Property and to paint the fence beige in color and thereafter paint the fence upon approval; and E) Maintain the Subject Property in a neat and attractive condition by properly storing personal items out of sight and removing refuse such as discarded cardboard from the front yard; and F) Reimburse the ASSOCIATION for its costs and reasonable attorneysfees in bringing this action; and G) Such other and further relief as this Honorable Court, in its discretion, deems appropriate and equitable. 4.-f) Dated this i day of June, 2022. /, LISA ACHAREKAR, ESQ. Florida Bar No. 0734721 MARTELL & OZIM, P.A. 213 S. Dillard St., Suite 210 Winter Garden, Florida 34787 Phone: (407) 377-0890 Fax: (407) 674-2543 Attorneys for Plaintiff Email: lacharekar@rnartellandozim.com 6 THIS INSTRUMENT WAS PREPARED BY AND SHOULD 13E RETURNED TO: Gary M. Kaleita, Esquire Lowndcs, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 DOM 20130245666 B: 10566 P: 3587 05/08/2013 12:25:02 PM Page 1 of 88 Reo Fee: $749.50 Martha O. Haynie, Comptroller Orange County, FL IO - Ret To: ORANGE COUNTY PUBLIC UORK II 16 Efinhigtilll II DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARKSIDE AT BUENA VISTA WOODS 9010017\148904\1465675v8 Exhibit "Pt" 20130245686 Page 2 of88 Table of Contents Article I DEFINITIONS 3 Article II PLAN OF DEVELOPMENT 7 Article III THE ASSOCIATION; RIGHTS AND DUTIES, MEMBERSHIP AND VOTING RIGHTS 9 Article IV COVENANT FOR MAINTENANCE ASSESSMENTS 16 Article V USE RESTRICTIONS 23 Article VI RESERVATION OF RIGHT TO RESUBDIVIDE AND REPLAT 36 Article VII INTENTIONALLY OMITTED 36 Article VIII EASEMENTS 37 Article IX MAINTENANCE 42 Article X INSURANCE; CONDEMNATION 45 Article XI TERM AND ENFORCEMENT 48 Article XII CLAIM AND DISPUTE RESOLUTION/LEGAL ACTIONS 50 Article XIH GENERAL PROVISIONS 55 Article XIV WATER MANAGEMENT DISTRICT REQUIREMENTS 57 Article XV SPECIAL PROVISIONS 59 LEGAL DESCRIPTION OF PROPERTY 65 Exhibit "A" Legal Description of Property Exhibit "B" Articles of Incorporation of Association Exhibit "C" Bylaws of Association 9010017\148904\1465675v8 20130245686 Page 3 of 88 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARKSIDE AT BUENA VISTA WOODS THIS DECLARATION is made on the date hereinafter set forth by MERITAGE HOMES OF FLORIDA, INC., a Florida corporation, whose address is 5337 Millenia Lakes Boulevard, Suite 160, Orlando, Florida 32839 ("Declaranf). WITNESSETH: WHEREAS, Declarant isthe owner of certain real property ("Property") located in the County of Orange, State of Florida, described on Exhibit "A" attached hereto; and WHEREAS, Declarant desires to preserve and enhance the quality of life in the community being developed on the Property, provide for the maintenance of certain common areas and improvements within the Property and provide for the development on the Property of detached single family residences; and WHEREAS, Declarant has formed a not-for-profit corporation pursuant to Chapters 617 and 720, Florida Statutes, to own, maintain, operate and/or administer the common areas and improvements within the Property, to administer and enforce this Declaration, and tocollect and disburse the assessments and charges hereinafter created, all as setforth herein. NOW, THEREFORE, Declarant hereby declares that the Property described above shall be subject to the following reservations, easements, limitations, restrictions, servitudes, covenants, conditions, charges and liens (hereinafter sometimes collectively termed "Covenants and Restrictions') which are for the purpose of protecting the value and desirability of the Property, and which shall run with the land, and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner of any portion of the Property. ARTICLE I DEFINITIONS Section 1.1 "Additional Property" means any real property, other than the real property described on Exhibit "A" attached hereto, which is made subject to the provisions of this Declaration when added to the Property as provided by Article II,Section 2.2 herein below. Section 1.2 "Architectural Committee" means the committee established pursuant to Section 3.8 of this Declaration. Section 1.3 "Architectural Committee Rules" means the rules adopted by the Architectural Committee, as such rules may be amended from time to time. Section 1.4 "Articles" means the Articles of Incorporation of the Association, which have been filed with the Office of the Secretary of State of the State of Florida, a current copy of which is attached hereto as Exhibit "B," as may be amended from time to time. 9010017114890411465675v8 20130245686 Page 4 of 88 Section 1.5 "Assessment Lien- means the lien granted to the Association by this Declaration to secure the payment of Assessments and all other amounts payable to the Association under the Project Documents, Section 1.6 "Assessments" means the annual, special, and neighborhood assessments levied and assessed against each Lot pursuant to Article IV of the Declaration. Section 1.7 "Association" means Parkside at Buena Vista Woods Homeowners' Association, Inc., a Florida nonprofit corporation organized by the Declarant to adrninister and enforce the Project Documents and toexercise the rights, powers and duties set forth therein, and its successors and assigns. Section 1.8 "Association Rules" means the rules and regulations adopted by the Association, as the same may be amended from time totime, Section 1.9 "Board" or "Board of Directors" means the board of directors of the Association, Section 1.10 "Builder" means a person or entity in the business of, or a person or entity which has an affiliate in the business of, constructing and selling homes or in the business of acting as a land banker that sellslots to persons or entitieswho construct and sell homes, which purchases a Lot or Lots without Residential Units construeted thereon for the purpose of constructing Residential Units thereon and selling such Lots and Residential Units. Section 1.11 "Bylaws" means the bylaws of the Association, a current copy of which is attached hereto as Exhibit "C," as may be amended from time to time. Section 1.12 "Common Aree means all real property and real property interests owned by the Association, specifically including, but not limited to, Tracts A, B, F, F-1, G, and H, as shown on the Plat and the easement rights and interests which are the subject of that certain Stormwater Drainage Easement Agreement dated January 9, 2012 and recorded on January 12, 2012 in Official Records Book 10317, Page 8489 of the Public Records of Orange County, Florida (the "Stormwater Drainage Easement Agreemenr). Such definition shall not preclude the Association from operating, maintaining or repairing any other real property for the benefit of the members of the Association (such as but not limited to landscaping in public rights-of-way) or any other real property maintained by the Association pursuant to a written agreement entered into by the Association for the benefit ofthe members. Section 1.13 "Common Expenses" means expenditures made by, or financial liabilities of the Association, together with any allocations to reserves. Section 1.14 "County" means Orange County, Florida. Section 1.15 "Declarant" means Meritage Homes of Florida, Inc.,a Florida corporation, and its successors and assigns, and any assignee of Declarant's rights, Declarant may assign any of its rights by express recorded instrument to a subsequent Owner of all or part of the Property. At any time when there •is more than one Declarant, except as otherwise expressly provided in this Declaration, any approval or other action required or permitted by the "Declarant" under this 9010017114890411.465675v8 20130245686 Page 5 of 88 Declaration shall require the written consent of the Declarants owning a majority of all Lots then owned by all Declarants. No successor Declarant shall have any liability resulting from any actions or inactions of any preceding Declarant unless expressly assumed by the successive Declarant, in which event the preceding Declarant shall be released from liability. If there is more than one Declarant, the obligations and liabilities of the Declarant under this Declaration shall be limited to the obligations that relate to the Lots within the Project then owned by such Declarant at the time liabilitiesor obligations arose, such liability shall not be joint or joint and several, and a Declarant shall not be liablefor the actions or inactions or another Declarant. Section 1.16 "Declaration" means the provisions of this document and any amendments hereto. Section 1.17 "Designated Buildee means any Builder that is designated by Declarant as a "Designated Buildee in a supplemental declaration or in a written notice given by Declarant to the Association and by such designation receives certain rights as expressly provided in this Declaration. Section 1.18 "District Permir means the permit and/or approval issued by the Water Management District, as modified from time to time with the approval of the Water Management District, which govems the construction, use, operation and/or maintenance of the Surface Water System for the Project. The Association is obligated to accept assignment of, and Management to assume in writing, all of Declarant's rights and obligations under the District Permit. Section 1.19 "First Mortgage means any mortgage (including but not limited to any deed of trust or contract for deed, which applicable law would characterize as a mortgage) on a Lot which has priority over all other mortgages on the same Lot. Section 1.20 "First Mortgagee means the holder of any First Mortgage. Section 1.21 "Improvemenr means buildings, roads, driveways, site or subdivision improvements, areas, fences, walls, rocks, hedges, trees, shrubs, other plantings, and all parking other structures or landscaping improvements of every type and kind. Section 1.22 "Lot" or "lot" means any Lot shown on a Plat. For purposes of voting on if a Plat any issue required to receive the approval of Lot Owners, a parcel is (i) designated on as a tract or parcel other than a Lot or Common Area (such as, but not limited to, a future development tract), (ii)is zoned for residential use, and (iii)is encumbered by this Declaration, then the Owner of such parcel shall be deemed to be the Owner of the maximum number of Lots into which such parcel may be subdivided under then applicable zoning and other legal requirements. Section 1.23 "Membee means any person, corporation, partnership, joint venture or other legal entity who is a member of the Association as provided in Article 111, Section 3.9 hereof. Section 1.24 "New Constructioe means the initial construction of a Residential Unit and related Improvements on a Lot. 90100171148904\1465675v8 20130245686 Page 6 of 88 Section 1.25 `'New Construction Committee- means the committee established pursuant to Section 3.7 of this Declaration. Section 1.26 "Owner" or "owner" shall mean the record owner, except as provided below, whether one or more persons or entities,of fee simple titleto any Lot, excluding one who is buying a Lot under a contract (whether or not notice thereof is recorded) but has not yet acquired titleto the Lot, and also excluding others having an interest merely as security for the perforrnance of an obligation. Section 1.27 ``Plar means any recorded subdivision plat of any portion of the Property and allamendments thereto. Section 1.28 "Project" means the Property together with all Improvements located thereon and all easements, rights and privileges appurtenant thereto. Section 1.29 "Project Documente means this Declaration and the Articles, Bylaws, Association Rules and Architectural Committee Rules. Section 1.30 "Purchase?means any person other than a Declarant or a Designated Builder, who by means of a voluntary transfer becomes the Owner of a Lot except for an Owner who purchases a Lot and then leases it to a Declarant for use as a model in connection with the sale of other Lots. Section 1.31 "Residential Unie means any building situated upon a Lot and designed and intended for independent ownership and for use and occupancy as a residence by a Single Family. Section 1.32 "Single Family" shall mean an individual living alone, a group of two or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than three persons not all so related, together with their domestic servants, who maintain a common household in a dwelling. Section 1.33 "Single Family Residence" shall mean a building, house, or dwelling unit used as a residence for a Single Family, including any appurtenant garage and/or storage area. Section 1.34 "Single Family Residential Use shall mean the occupation or use of a Single Family Residence in conformity with this Declaration and the requirements imposed by applicable zoning laws or other state, county or municipal rules and regulations. Section 1.35 "Surface Water Management System" or "Stormwater Management System" shall rnean the system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity or quality of discharges from the system, as permitted by Chapters 40A through 40E, Florida Administrative Code, as applicable. 9010017\14890411465675v8 20130245686 Page 7 of 88 Section 1.36 "Tract" means any portion of the Property established as a Tract in any Plat. Section 1.37 "Turnover" means that point in time at which the Declarant is incapable of electing a majority of the Board of Directors of the Association. For the purposes of this Declaration, Turnover shall occur upon the termination of the Class B membership pursuant to Article Ill,Section 3.11 herein below. Section 1.38 "Visible from Neighboring Propertyor "visible from neighboring property" shall mean that an object is or would be visible to a person six feet (6') tall standing on a neighboring Lot, Tract, Common Area or streetat an elevation not greater than the elevation at the base of the object being viewed. Section 1.39 "Water Management Districr shall mean the South Florida Water Management District. ARTICLE II PLAN OF DEVELOPMENT Section 2.1 Property Initially Subject to the Declaration. This Declaration is being recorded to establish a general plan for the development and use of the Project in order to protect and enhance the value and desirability of the Project. All of the Property within the Project shall be held, sold, and conveyed subject to this Declaration. By acceptance of a deed or by acquiring any interest in any of the Property subject to this Declaration, each person or entity, for himself or itself,his heirs, personal representatives, successors, transferees and assigns, binds himself, his heirs, personal representatives, successors, transferees and assigns, to allof the provisions, restrictions, covenants, conditions, rules, and regulations now or hereafter imposed by this Declaration and any amendments thereof. In addition, each such person by so doing thereby acknowledges that this Declaration sets forth a general plan for the development and use of the Property and hereby evidences his intent that all the restrictions, conditions, covenants, easements, rules and regulations contained in this Declaration shall run with the land and be binding on all subsequent and future Owners, grantees, purchasers, assignees, lessees and transferees thereof. Furthermore, each such person fully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive, and enforceable by the Association and all Owners. Declarant, itssuccessors, assigns and grantees, covenants and agrees that the Lots and the membership in the Association and the other rights created by this Declaration shall not be separated or separately conveyed, and such shall be deemed to be conveyed or encumbered with its respective Lot even though the description in the instrument of conveyance or encumbrance may refer only to the Lot. Section 2.2 Additional Property, So long as the Class B membership (as hereinafter defined) shall exist, the Declarant may, from time to time, bring all or any portions of the Additional Property under the provisions hereof by recorded supplemental declarations (which shall not require the consent of any then existing Owners, the Association, or any mortgagee) and thereby add to and include all or such portions of the Additional Property as part of the Property subject to this Declaration. To the extent that Additional Property shall be made a part of the Property as a common scheme, reference herein to the Property should be deemed to be a 90100171148904\1465675v8 20130245686 Page 8 of 88 reference to allof such Additional Property where such reference is intended to include property other than that legally described on Exhibit "A" attached hereto. Nothing herein, however, shall obligate the Declarant to add to the initialportion of the Property, to develop any such future portions under such common scheme, nor to prohibit the Declarant from rezoning and/or changing the plans with to such future portions, nor to prohibit the development respect Declarant from adding additional or other property to the Property under such common scheme. Section 2.3 Supplemental Declarations. Supplemental declaration(s) may, but need not necessarily, be recorded from time totime by Declarant (or with the express prior written consent of Declarant, in its sole discretion). A supplemental declaration shall be supplemental to