Preview
Filing # 190559496 E-Filed 01/25/2024 03:39:23 PM
IN THE CIRCUI f COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
AMBER RIDGE HOMEOWNER'S
ASSOCIATION, INC.
Plaintiff, CASE NO.:
v.
IGNACIO RINCON,
Defendant(s).
COMPLAINT
Plaintiff, AMBER RIDGE HOMEOWNEWS ASSOCIATION, INC. (hereinafter
"ASSOCIATION"), files this Complaint against Defendant, IGNACIO RINCON, and alleges as
follows:
1. Plaintiff, AMBER RIDGE HOMEOWNER'S ASSOCIATION, INC. (hereinafter
referred as
"ASSOCIATION), is a not-for-profit Florida corporation with its principal place of
business in Orange County, Florida.
2. The Plaintiff is governed by the provisions of
Chapter 720, Florida Statutes, and
the Governing Documents as defined by Chapter 720.
3. The Defendant, IGNACIO RINCON and
(hereinafter "DEFENDANT"), is
individual residing in Orange County, Florida, and the owner of a certain residential tract of land
in Orange County, Florida 34761 (hereinafter referred as
"Subject Property"), located at 1028 Satin
Leaf Circle, Lot 103, Ocoee, Florida, and more particularly described as follows:
Lot(s)103, AMBER RIDGE, according to the plat thereof, recorded in Plat Book 29, Page
(s) 88, of the Public Records of Orange County, Florida.
Property Address: 1028 Satin Leaf Circle, Ocoee, Florida 34761
4. This Court has jurisdiction over this action by the authority of Article V, Section
6(b), of the Florida Constitution and Section 34.011, Florida Statutes.
5. The Subject Property owned by Defendant is, and has been at all times referred to
in this Complaint, subject to the following covenants, restrictions, and laws applicable thereto
(hereinafter collectively the "Governing Documents"), copies of which are attached hereto as
Exhibit A.
6. Defendant(s)ownership and possession of the Subject Property was taken and is
held with constructive notice of the Governing Documents described in Paragraph 5 above.
7. The Governing Documents constitute covenants running with the land, equitable
servitudes upon the land and contracts binding on the Defendant(s), as the case may be, and at all
times material hereto have been in full force and effect and binding upon the Defendant(s).
8. The Governing Documents contain the following
provisions:
Article VI, Section 11: The owner of each lot shall, at his or her own expense, keep such
lot, including any easement areas located on such lot, free of weeds, tall grass,
undergrowth, dead trees, dangerous and/or dead tree limbs, weeds, trash and rubbish, and
any other unsightly objects and shall keep such lot at all times in a neat and attractive
condition.
9. DEFENDANT has failed to: pressure wash sidewalk and driveway.
10. The DEFENDANTS' actions described above in Paragraph 9 constitute a violation
of the Governing Documents as cited in Paragraph 5 above.
11. By letters dated June 13, 2023, August 15, 2023, and October 17, 2023, The
Ruggieri Law Firm, P.A., on behalf of the ASSOCIATION, made demand upon DEFENDANT to
cure the violations cited in Paragraph 9 herein. However, to date, the DEFENDANT has failed or
Page 2 of 4
refused to remedy the violations. A copy of the subject demand letters is attached hereto as
composite Exhibit B.
12. Pursuant to Chapter 720, Florida Statutes, and Article IX of the Declaration, the
ASSOCIATION is entitled to recover its reasonable attorney's fees and costs incurred in this
action from the DEFENDANT(S) if it is the prevailing party.
13. The ASSOCIATION has retained The Ruggieri Law Firm, P.A. to represent it in
this action and has agreed to pay said law firm a reasonable fee for its services.
14. DEFENDANTScontinued violations of the Declaration, if permitted to continue,
will inflict upon the ASSOCIATION irreparable damage for which it has no adequate remedy at
law.
15. Money damages are inadequate and cannot compensate the ASSOCIATION for the
harm being caused by the DEFENDANT.
16. DEFENDANTS' violations are of a continuing nature and there is a reasonable
probability of violations occurring in the future.
17. Without injunctive relief, the ASSOCIATION is suffering and will continue to
suffer irreparable harm by virtue of, but not limited to, the following:
A. DEFENDANTS' knowing and deliberate violations will encourage other
property owners to violate the Declaration and Rules; and
B. The ASSOCIATION'S authority to act in the best interest of the
Association as a whole is undermined by the effect of the DEFENDANTS' violations.
C. DEFENDANT(S)' knowing and deliberate violations, if permitted to
continue, will result in waiver of the covenants contained in the Declaration and Rules.
18. All conditions precedent to the bringing of this action have either been performed,
Page 3 of 4
waived or excused.
WHEREFORE, the ASSOCIATION demands and prays as follows:
A. That this Honorable Court issue a Final Judgment in the form of a
mandatory injunction ordering the DEFENDANT(S) to comply and/or correct the violations listed
in Paragraph 9 above within such time as this Court deems reasonable.
B. That this Honorable Court enter its judgment requiring the
DEFENDANT(S) to reimburse the ASSOCIATION its costs and reasonable attorney's fees,
including presuit attorney's fees, in bringing this action and that ASSOCIATION is likewise
entitled to impose an assessment to recover same; and
C. That this Honorable Court grant such other and further relief as it in its
discretion deems appropriate and equitable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 25, 2024, the foregoing has been presented to the
Clerk of the Court for filing via the Florida's Court's E-Filing Portal.
/s/ Sean P. Reed
SEAN P. REED, ESQ.
Florida Bar No.: 1040934
FRANK A. RUGGIERI, ESQ.
Florida Bar No.: 0064520
THE RUGGIERI LAW FIRM, P.A.
13000 Avalon Lake Drive, Suite 305
Orlando, FL 32828
Phone: (407) 395-4766
Fax: (407) 890-5177
pleading.s ruL!!.!ierilawfirtn.com
Attorneys for Plaintiff
Page 4 of 4
.., .- EXHIBIT A I
1
t,
HAMIOS,.. Ree Vee 1
Add Fee $
Doe Tax 5
13'7:0--D
i./., SO
•—
-MARTHA O.
Orange County
Int Tax 5
—
Com=
lir
Gear
Total 1 /0 O. ..1-0 Devuty
DECLARATION OF
COVENANTS, CONDITIONS
AND RESTRICTIONS OF
AMBER RIDGE
TRIS DECLARATION, made on this day of March, 1992.
•by AMBER RIDGE DEVELOPMENT, INC., a Florida corporation
(hereinafter referred to as "Declarant").
4022855 Orange Co. FL,
03/18/92 09:23:49am
WITNESSETH:
oali386 Patall
WHEREAS, Declarant is the owner of certain real property
in Orange County, State of Florida, which is more particularly
recorded in Plat Book 4?, Page 88, Public Records of Orange
County, Florida (the "Declaration Property");
•
WHEREAS, Declarant desires to submit the Declaration
Declaration;.
Property
desc:ibed
to this
Iag iNuOIWIlecalcacietboy dielaitthial tahse
2,,
g
.2 Z
Declaration Property shall be held, sold and conveyed subject to
1 li!11 the following easements, restrictions, covenants, and conditions,
which for the
A are purpose of protecting the value and desirability
'a of, and which shall with, the real
run
property and be binding on
all parties having any right, title or interest in the Declaration
Property 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
AMBER RIDGE HOMEOWNER'S ASSOCIATION, INC., a Florida non-profit
corporation, its successors and assigns.
_.,..----.
.... --,
- - .---
-....-..
°-Y"'''='‘-'-'-
-
I
'
i
-
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EXHIBIT A
*------.
Section 2. "Common Area" shall mean and refer to all
real property (including the improvements thereto) owned by the
Association for the common use and enjoyment of the Owners. The
Common Area to be owned by the Association at the time of the
conveyance of the first lot shall consist of the area designated on
the Plat as Tract A.
Section 3. "Declarant" shall. mean. and refer to
AMBER RIDGE DEVELOPMENT, INC., a Florida corporation, its
successors and assigns. Declarant may assign its rights and
obligations herein to any person or entity, while at the same time
reserving its status as Declarant for Lots owned by Declarant.
Section 4. "Declaration" shall mean and refer to this
Declaration of Covenants, Conditions and Restrictions of
Amber Ridge, together with any supplements or amendments hereto.
Section 5. "Declaration Property" shall mean and'refer
•
-
to that certain real property lying and situated in Orange County,
Florida, and more particularly described as AMBER RIDGE, recorded
in Plat Book 01!2?, Page 50, Public Records of Orange County.
Section 6. "Development" shall
•
and refer to
•
mean
Amber Ridge, a residential community, located in Orange County,
Florida, as
•
more particularly described in the Plat thereof, aS
recorded in Plat Book dý, Page 88, Public Records of Orange
County, Florida, •and such additions thereto as nay hereafter be
submitted to this Declaration.
Section 7. "Lot" shall mean and refer to any numbered
plot of land shown upon any recorded subdivision map of the
•Declaration Property with the exception of the Common Area and
which numbered plat of land is intended to be a
building site for
•a residence.
Section 8. "Member" shall mean and refer to those Owners
entitled
-
•to membership in the Association as set forth in
Article III.
Nit 386 PG 3245
-2-
EXNBIT A
Section 9. "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 Declaration Property,
dncluding contract sellers, but excluding those who have such
interest merely as a security for the performance of an obligation.
Section 10. "Plat" shall mean and refer to any recorded
or unrecorded subdivision map or naps of all or a
portion of the
Declaration Property.
ARTICLE II
•
PROPERTY RIGHTS
Section 1. OwnersEasement of Enjoyment. Every Owner
shall have a
right and easement of enjoyment in and to the Common
Area which,shall be appurtenant to and shall pass with the title to
every Lot, subject to the following provisions:
(a) the right of the Association to charge
reasonable admission and other •fees and to establish reasonable
rules%for-the use of the Common •Area and any •recreation facility
contained •thereon;
(b) the right •of the Association to suspend the
voting-rights and right to use of the recreational facilities by an
Owner for any period during •which any assessment against his Lot
remains unpaid; and for a period not to exceed sixty (60) days for
'any infraction of its published rules and regulations; and
(c) the •right of the Association to dedicate or
transfer all or any part of the Common Area to any public agency,
authority, or utility or to mortgage the Common Area for such
purposes and subject to such conditions as
may be agreed to by the
Members. -If ingress or egress to any Lot is through the Common
Area, any conveyance or encumbrance of such area is subject to the
Lot Owner's easement of ingress and egress.
No such dedication, transfer, or mortgage shall be
effective unless an instrument agreeing to such dedication or
transfer signed by two-thirds (2/3rds) of each class of Members has
-
3- 0ft4386 PG3236
EXHIBIT A
been recorded.
Section 2. Delegation of Use. Any Owner may delegate,
in accordance with the bylaws of the Association, his right of
enjoyment to the Common Area and any facilities to the members of
his family, his tenants, or contract purchasers who reside on the
property.
ARTICLE I//
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every 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
with, A. Class A Members shall be all Owners,
the exception of the Declarant, and shall be entitled to one vote
for each Lot owned. When more than one person holds an 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 cast with respect to any Lot.
Class B. Class B Member(s) shall be the Declarant
and shall be entitled to twenty-five (25) votes for each Lot owned.
The Class B 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
equals the total
B.
membership votes outstanding in the Class
•
membership; or
(b) on January 1, 1999.
•
-4-
A, EXHIBIT
•
-ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creations of the Lien and Personal Obligation
of Assessments. The Declarant, for each Lot owned within the
Declaration Property, hereby covenants, and each Owner of any Lot
•
by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to
the Association: (1) annual assessments or charges; (2) special
assessments for capital improvements; and (3) individual
assessments,. such assessments to be established and collected as
hereinafter provided. Each such assessment, together with
interest, costs, and reasonable attorney's fees, shall be a charge
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.
lfts,personal obligation for delinquent assessments shall not pass
•to4lis successors ih title unless expressly assumed by them.
• 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 of the
Declaration Property and for the improvement and maintenance of the
•Common Area.
Section •3. Maximum Annual Assessment. Until January 1
og thetyear.immediately following the conveyance of the first Lot
to,an Owner, the maximum annual assessment shall be TWO HUNDRED AND
Kqlpo,DoLLARs.020o.ocly per Lot.
From •
and after January 1 •of the
•
,year
Ammediately-following the conveyance of the first Lot to •an •Owner,
ple,maximum, annual assessment may be increased each year not more
than twenty-five •percent (259) above the maximum assessment for the.
previous year without a vote of the membership of the Association.
OR4386 PG323B
-5-
EXHMTA
(b) From and after January 1 of the year
immediately following the conveyance of the first Lot to an Owner,
the maximum annual assessment may be increased more than twenty-
five (25%) percent above the maximum assessment for the previous
year by a vote of two-thirds (2/3rds) of each class of Members who
are voting in person or by proxy, at a meeting duly called for this
purpose.
(c) The Board of Directors may fix the annual
assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements.
In addition bp the annual assessments 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 costs of any construction, reconstruction, repair
or replacement or acquisition of a capital improvement upon Common
Area, including the fixtures and personal property related thereto,
provided that any such assessment shall have the assent (xf two7
thirds, (2/3). of the ,votes .of •each class of Members who are voting
in verson ori by proxy at a meeting duly called •
for this purpose,
-:Section, 5.: Notice and Quorum for Any Action Authorized
•Under Sections 3 and 4. Written notice of any meeting called for
the purpose of taking any action authorized under •
Section 3 or 4
shall be,sent to all Members not ,less than • thirty (30) days nor
•
more than sixty. (60) days in advance of the meeting. •At the first
such meeting called, the presence of Members or of proxies entitled
to cast sixty percent (60%) of all the votes of •each class of
membership shall constitute a quorum. •
If the required quorum is
not present, another meeting nay be called subject to the same
notice requirement, and the required quorum •at the subsequent
neeting,,..shall be one-half (1/2) of the required quorum-at the
preceding meeting. No such subsequent meeting shall be held more
than sixty (60) days following the preceding meeting.
-6-
oR4386 PG3239
EXHIBIT A
'
Section 6. Individual Assessments. The Association may
individual assessment any Owner whose •
impose an upon use or
treatment of Common Areas, or Lot is not in conformance with the
standards 'as adopted by the Association or which increases the
Maintenance Cost to the Association above that which would result
from compliance by the Owner with the use restrictions imposed by
this.Declaration. The amount of such assessment shall be equal to
such.cost incurred plus 10% of the costs for administration and may
be,enforced in the manner provided for any other assessment.
,Section 7. .Uniform Rate of Assessment. Both annual and
special assessments shall be fixed at a uniform rate for all Lots
and may•be collected on a
monthly basis. Notwithstanding anything •
contained herein to the contrary, the Declarant, as a Class B •
Member, shall'not be obligated to pay annual assessments but shall;
be obligated to pay the amount of common
expenses incurred and not
produced by the annual assessments collectible from Class A
Members. For purposes of this calculation, replacement reserves or
capital expenditures shall not be
Preview
Filing # 190559496 E-Filed 01/25/2024 03:39:23 PM IN THE CIRCUI f COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA AMBER RIDGE HOMEOWNER'S ASSOCIATION, INC. Plaintiff, CASE NO.: v. IGNACIO RINCON, Defendant(s). COMPLAINT Plaintiff, AMBER RIDGE HOMEOWNEWS ASSOCIATION, INC. (hereinafter "ASSOCIATION"), files this Complaint against Defendant, IGNACIO RINCON, and alleges as follows: 1. Plaintiff, AMBER RIDGE HOMEOWNER'S ASSOCIATION, INC. (hereinafter referred as "ASSOCIATION), is a not-for-profit Florida corporation with its principal place of business in Orange County, Florida. 2. The Plaintiff is governed by the provisions of Chapter 720, Florida Statutes, and the Governing Documents as defined by Chapter 720. 3. The Defendant, IGNACIO RINCON and (hereinafter "DEFENDANT"), is individual residing in Orange County, Florida, and the owner of a certain residential tract of land in Orange County, Florida 34761 (hereinafter referred as "Subject Property"), located at 1028 Satin Leaf Circle, Lot 103, Ocoee, Florida, and more particularly described as follows: Lot(s)103, AMBER RIDGE, according to the plat thereof, recorded in Plat Book 29, Page (s) 88, of the Public Records of Orange County, Florida. Property Address: 1028 Satin Leaf Circle, Ocoee, Florida 34761 4. This Court has jurisdiction over this action by the authority of Article V, Section 6(b), of the Florida Constitution and Section 34.011, Florida Statutes. 5. The Subject Property owned by Defendant is, and has been at all times referred to in this Complaint, subject to the following covenants, restrictions, and laws applicable thereto (hereinafter collectively the "Governing Documents"), copies of which are attached hereto as Exhibit A. 6. Defendant(s)ownership and possession of the Subject Property was taken and is held with constructive notice of the Governing Documents described in Paragraph 5 above. 7. The Governing Documents constitute covenants running with the land, equitable servitudes upon the land and contracts binding on the Defendant(s), as the case may be, and at all times material hereto have been in full force and effect and binding upon the Defendant(s). 8. The Governing Documents contain the following provisions: Article VI, Section 11: The owner of each lot shall, at his or her own expense, keep such lot, including any easement areas located on such lot, free of weeds, tall grass, undergrowth, dead trees, dangerous and/or dead tree limbs, weeds, trash and rubbish, and any other unsightly objects and shall keep such lot at all times in a neat and attractive condition. 9. DEFENDANT has failed to: pressure wash sidewalk and driveway. 10. The DEFENDANTS' actions described above in Paragraph 9 constitute a violation of the Governing Documents as cited in Paragraph 5 above. 11. By letters dated June 13, 2023, August 15, 2023, and October 17, 2023, The Ruggieri Law Firm, P.A., on behalf of the ASSOCIATION, made demand upon DEFENDANT to cure the violations cited in Paragraph 9 herein. However, to date, the DEFENDANT has failed or Page 2 of 4 refused to remedy the violations. A copy of the subject demand letters is attached hereto as composite Exhibit B. 12. Pursuant to Chapter 720, Florida Statutes, and Article IX of the Declaration, the ASSOCIATION is entitled to recover its reasonable attorney's fees and costs incurred in this action from the DEFENDANT(S) if it is the prevailing party. 13. The ASSOCIATION has retained The Ruggieri Law Firm, P.A. to represent it in this action and has agreed to pay said law firm a reasonable fee for its services. 14. DEFENDANTScontinued violations of the Declaration, if permitted to continue, will inflict upon the ASSOCIATION irreparable damage for which it has no adequate remedy at law. 15. Money damages are inadequate and cannot compensate the ASSOCIATION for the harm being caused by the DEFENDANT. 16. DEFENDANTS' violations are of a continuing nature and there is a reasonable probability of violations occurring in the future. 17. Without injunctive relief, the ASSOCIATION is suffering and will continue to suffer irreparable harm by virtue of, but not limited to, the following: A. DEFENDANTS' knowing and deliberate violations will encourage other property owners to violate the Declaration and Rules; and B. The ASSOCIATION'S authority to act in the best interest of the Association as a whole is undermined by the effect of the DEFENDANTS' violations. C. DEFENDANT(S)' knowing and deliberate violations, if permitted to continue, will result in waiver of the covenants contained in the Declaration and Rules. 18. All conditions precedent to the bringing of this action have either been performed, Page 3 of 4 waived or excused. WHEREFORE, the ASSOCIATION demands and prays as follows: A. That this Honorable Court issue a Final Judgment in the form of a mandatory injunction ordering the DEFENDANT(S) to comply and/or correct the violations listed in Paragraph 9 above within such time as this Court deems reasonable. B. That this Honorable Court enter its judgment requiring the DEFENDANT(S) to reimburse the ASSOCIATION its costs and reasonable attorney's fees, including presuit attorney's fees, in bringing this action and that ASSOCIATION is likewise entitled to impose an assessment to recover same; and C. That this Honorable Court grant such other and further relief as it in its discretion deems appropriate and equitable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 25, 2024, the foregoing has been presented to the Clerk of the Court for filing via the Florida's Court's E-Filing Portal. /s/ Sean P. Reed SEAN P. REED, ESQ. Florida Bar No.: 1040934 FRANK A. RUGGIERI, ESQ. Florida Bar No.: 0064520 THE RUGGIERI LAW FIRM, P.A. 13000 Avalon Lake Drive, Suite 305 Orlando, FL 32828 Phone: (407) 395-4766 Fax: (407) 890-5177 pleading.s ruL!!.!ierilawfirtn.com Attorneys for Plaintiff Page 4 of 4 .., .- EXHIBIT A I 1 t, HAMIOS,.. Ree Vee 1 Add Fee $ Doe Tax 5 13'7:0--D i./., SO •— -MARTHA O. Orange County Int Tax 5 — Com= lir Gear Total 1 /0 O. ..1-0 Devuty DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF AMBER RIDGE TRIS DECLARATION, made on this day of March, 1992. •by AMBER RIDGE DEVELOPMENT, INC., a Florida corporation (hereinafter referred to as "Declarant"). 4022855 Orange Co. FL, 03/18/92 09:23:49am WITNESSETH: oali386 Patall WHEREAS, Declarant is the owner of certain real property in Orange County, State of Florida, which is more particularly recorded in Plat Book 4?, Page 88, Public Records of Orange County, Florida (the "Declaration Property"); • WHEREAS, Declarant desires to submit the Declaration Declaration;. Property desc:ibed to this Iag iNuOIWIlecalcacietboy dielaitthial tahse 2,, g .2 Z Declaration Property shall be held, sold and conveyed subject to 1 li!11 the following easements, restrictions, covenants, and conditions, which for the A are purpose of protecting the value and desirability 'a of, and which shall with, the real run property and be binding on all parties having any right, title or interest in the Declaration Property 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 AMBER RIDGE HOMEOWNER'S ASSOCIATION, INC., a Florida non-profit corporation, its successors and assigns. _.,..----. .... --, - - .--- -....-.. °-Y"'''='‘-'-'- - I ' i - '''.. ,z...:_ EXHIBIT A *------. Section 2. "Common Area" shall mean and refer to all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot shall consist of the area designated on the Plat as Tract A. Section 3. "Declarant" shall. mean. and refer to AMBER RIDGE DEVELOPMENT, INC., a Florida corporation, its successors and assigns. Declarant may assign its rights and obligations herein to any person or entity, while at the same time reserving its status as Declarant for Lots owned by Declarant. Section 4. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions of Amber Ridge, together with any supplements or amendments hereto. Section 5. "Declaration Property" shall mean and'refer • - to that certain real property lying and situated in Orange County, Florida, and more particularly described as AMBER RIDGE, recorded in Plat Book 01!2?, Page 50, Public Records of Orange County. Section 6. "Development" shall • and refer to • mean Amber Ridge, a residential community, located in Orange County, Florida, as • more particularly described in the Plat thereof, aS recorded in Plat Book dý, Page 88, Public Records of Orange County, Florida, •and such additions thereto as nay hereafter be submitted to this Declaration. Section 7. "Lot" shall mean and refer to any numbered plot of land shown upon any recorded subdivision map of the •Declaration Property with the exception of the Common Area and which numbered plat of land is intended to be a building site for •a residence. Section 8. "Member" shall mean and refer to those Owners entitled - •to membership in the Association as set forth in Article III. Nit 386 PG 3245 -2- EXNBIT A Section 9. "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 Declaration Property, dncluding contract sellers, but excluding those who have such interest merely as a security for the performance of an obligation. Section 10. "Plat" shall mean and refer to any recorded or unrecorded subdivision map or naps of all or a portion of the Declaration Property. ARTICLE II • PROPERTY RIGHTS Section 1. OwnersEasement of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which,shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other •fees and to establish reasonable rules%for-the use of the Common •Area and any •recreation facility contained •thereon; (b) the right •of the Association to suspend the voting-rights and right to use of the recreational facilities by an Owner for any period during •which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for 'any infraction of its published rules and regulations; and (c) the •right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility or to mortgage the Common Area for such purposes and subject to such conditions as may be agreed to by the Members. -If ingress or egress to any Lot is through the Common Area, any conveyance or encumbrance of such area is subject to the Lot Owner's easement of ingress and egress. No such dedication, transfer, or mortgage shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3rds) of each class of Members has - 3- 0ft4386 PG3236 EXHIBIT A been recorded. Section 2. Delegation of Use. Any Owner may delegate, in accordance with the bylaws of the Association, his right of enjoyment to the Common Area and any facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE I// MEMBERSHIP AND VOTING RIGHTS Section 1. Every 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 with, A. Class A Members shall be all Owners, the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an 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 cast with respect to any Lot. Class B. Class B Member(s) shall be the Declarant and shall be entitled to twenty-five (25) votes for each Lot owned. The Class B 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 equals the total B. membership votes outstanding in the Class • membership; or (b) on January 1, 1999. • -4- A, EXHIBIT • -ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creations of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Declaration Property, hereby covenants, and each Owner of any Lot • by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) individual assessments,. such assessments to be established and collected as hereinafter provided. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall be a charge 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. lfts,personal obligation for delinquent assessments shall not pass •to4lis successors ih title unless expressly assumed by them. • 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 of the Declaration Property and for the improvement and maintenance of the •Common Area. Section •3. Maximum Annual Assessment. Until January 1 og thetyear.immediately following the conveyance of the first Lot to,an Owner, the maximum annual assessment shall be TWO HUNDRED AND Kqlpo,DoLLARs.020o.ocly per Lot. From • and after January 1 •of the • ,year Ammediately-following the conveyance of the first Lot to •an •Owner, ple,maximum, annual assessment may be increased each year not more than twenty-five •percent (259) above the maximum assessment for the. previous year without a vote of the membership of the Association. OR4386 PG323B -5- EXHMTA (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased more than twenty- five (25%) percent above the maximum assessment for the previous year by a vote of two-thirds (2/3rds) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition bp the annual assessments 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 costs of any construction, reconstruction, repair or replacement or acquisition of a capital improvement upon Common Area, including the fixtures and personal property related thereto, provided that any such assessment shall have the assent (xf two7 thirds, (2/3). of the ,votes .of •each class of Members who are voting in verson ori by proxy at a meeting duly called • for this purpose, -:Section, 5.: Notice and Quorum for Any Action Authorized •Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under • Section 3 or 4 shall be,sent to all Members not ,less than • thirty (30) days nor • more than sixty. (60) days in advance of the meeting. •At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of •each class of membership shall constitute a quorum. • If the required quorum is not present, another meeting nay be called subject to the same notice requirement, and the required quorum •at the subsequent neeting,,..shall be one-half (1/2) of the required quorum-at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. -6- oR4386 PG3239 EXHIBIT A ' Section 6. Individual Assessments. The Association may individual assessment any Owner whose • impose an upon use or treatment of Common Areas, or Lot is not in conformance with the standards 'as adopted by the Association or which increases the Maintenance Cost to the Association above that which would result from compliance by the Owner with the use restrictions imposed by this.Declaration. The amount of such assessment shall be equal to such.cost incurred plus 10% of the costs for administration and may be,enforced in the manner provided for any other assessment. ,Section 7. .Uniform Rate of Assessment. Both annual and special assessments shall be fixed at a uniform rate for all Lots and may•be collected on a monthly basis. Notwithstanding anything • contained herein to the contrary, the Declarant, as a Class B • Member, shall'not be obligated to pay annual assessments but shall; be obligated to pay the amount of common expenses incurred and not produced by the annual assessments collectible from Class A Members. For purposes of this calculation, replacement reserves or capital expenditures shall not be