Ashford Three Owners Association

First Amendment Covenants & Restrictrions of Ashford Unit Three

Jun 10, 2003

FIRST AMENDMENT TO DECLARATION OF COVENANTS
AND RESTRICTIONS OF ASHFORD UNIT THREE


This First Amendment to Declaration of Covenants and Restrictions (the ?“Amendment?”) is made by Ashford Unit Three Owners?’ Association, Inc, (the ?“Association?”) a Florida non-profit corporation with respect to the real property included within the plat of Ashford Unit Three, Units Three and Four A and Four B as recorded in Plat Book 51, pages 22, et. Seq. Plat Book 52 pages 31 et. Seq., Plat Book 52 pages 86 et. Seq., of the current public records of Duval County, Florida.

WHEREAS, All of the lands shown on the plat of Ashford Unit Three, Units Three, Four A and Four B have been subjected to the Declaration of Covenants and Restrictions for Ashford Units Three (the ?“declaration?”) as recorded in official records Volume 8618, Pages 309-325 and Volume 9337, Pages 181-183 of the current public record of Duval County, Florida.

WHEREAS, pursuant to Item 31, Association may amend the Declaration for the purposes of curing any ambiguity or inconsistency between the provisions contained therein.

NOW THEREFORE, in consideration of the terms and conditions of the Declaration and this Amendment, Association hereby amends the Declaration as follows:

1) Item 4. (AMENDED) COVENANT FOR MAINTENANCE ASSESSMENTS. The Developer hereby covenants, and each Owner by acceptance of a deed therefore, whether or not it is so expressed in such deed, is deemed to agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements; (3) special assessments for non-compliance with these covenants, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, are a charge on the Land and are a continuing lien upon the Lot against which each such assessment is made from the date of filing of the claim of lien described below. Each such assessment, together with interest, costs and reasonable attorneys' fees, is the personal obligation of the person who was the Owner at the time the assessment became due. The personal obligation for delinquent assessments shall not pass to such Owner's successors in title unless expressly assumed by them, but the lien shall survive any conveyance of title.

The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Lot owners and for the improvements and maintenance of the signs, fencing and landscaping, swales and drainage facilities and the control structures, if any, located on the Land, landscape islands lying within the rights-of.-way, and for costs associated with enforcement of the contents herein.

Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum assessment shall be $160.00 per year. From and after January 1 of the year immediately following the conveyance of the first Lot to an owner, the maximum assessment may be increased each year but not more than five percent (5%) above the maximum assessment for the previous year without the affirma?¬tive vote of a majority of the members of the Association who are voting in person, by absentee or by proxy, at a meeting duly called for such purposes.

The Board of Directors shall fix the assessment annually at amounts not in excess of the maximum. In addition to the annual assessments authorized above, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of advancing the purposes of the Association; provided that any such special assessment shall have the assent of a majority of the votes of members who are voting in person, by absentee or by proxy at a meeting duly called for such purposes.

Written notice of any meeting called for the purpose of taking any action authorized above 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, their absentee ballots or of proxies entitled to cast thirty (30%) (2002 State Statute) of all the votes of the membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting 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.

Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Mortgagees are not required to collect assessments. The annual assessments provided for herein shall commence as to all Lots on the date that the first Primary Residence is conveyed to an owner, provided however, that no lot shall be subject to any assessment until a Primary Residence has been constructed thereon, if: (a) the Lot is owned by a mortgagee who acquired title by foreclosure or deed in lieu thereof, OR (b) an Owner who is a Builder has purchased the Lot in the ordinary course of business.

The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner. The due dates (as determined by postmark) shall be established by the Board of Directors. The Association shall, upon demand, furnish a certificate signed by an officer of the Association setting forth whether or not the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.

(Amended) Any assessment not paid within thirty (30) days after its due date shall bear interest from the due date at the rate of eighteen percent (18.0%) per annum and be subjected to a ten percent (10%) late fee plus certified mail return receipt fees at the rate on the date the mailing was sent. The due date for all annual payments is January 1st of each year. In addition to this date, the association is required to establish an publish on the annual invoice the cutoff date by which the payment must be post marked to avoid late fees. Payments received bearing a post mark after this cutoff date are determined to be late. This cutoff date will also be published on the association?’s Web site, if one exists at the time of the mailing of the annual assessments. If no Web site is operational, the requirement to publish this date on the annual invoice will serve as sufficient notice.

(Added) Special Assessments for Non-Compliance with Covenants and Restrictions: The association may impose a fee for non-compliance with the provisions of these Covenants and Restrictions upon establishing and publishing a Uniform Rate of Special Assessment schedule along with written enforcement procedures, to its members and allowing a 60-day transition period before any Special Assessment may be imposed on any member.

The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot involved or both. No owner may waive or otherwise escape liability for the assessments provided for herein by abandonment of its Lot. A claim of lien shall be filed in the public records of Duval County and served upon the defaulting Owner by hand delivery or certified mail, postage prepaid, not less than fifteen (15) days before commencing a foreclosure action. The lien shall date from the filing of the claim of lien. Service by mail shall be to the last address on the Association's records, or, in the alternative, to the last address on the Tax Collector's rolls for Duval County, Florida.

The lien for the assessments provided for in this Declaration is subordinate to the lien of any institutional first mortgage without regard to when the assessment became due, the lien was created, or the first mortgage recorded. Although the sale or transfer of any Lot does not discharge or mitigate the effective?¬ness of an assessment lien, the sale or transfer of any Lot pursuant to a mortgage foreclosure or conveyance or proceedings in lieu thereof, without regard to the lien priority of the mortgage, except a purchase money mortgage in favor of an Owner who was an Owner when the assessment became due, shall extinguish the lien of such assessment as to payments which become due prior to the sale or transfer. However, no such foreclosure or other proceeding, sale or transfer shall relieve the Lot or the owner from liability for any assessments thereafter becoming due or from the lien for any later aassessments. Nothing contained in this Declaration shall be construed to make the failure to pay assessments a default under any mortgage.

The St. Johns River Water Management District has the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the surface water or storm water management system.

2) Item 12. (AMENDED) NO PARKING OF VEHICLES, BOATS, ETC. Each Primary Residence shall be constructed with an attached garage capable of accommodating two standard sized automobiles. The garage shall be finished in an exterior finish of like kind, style and quality of the Primary Residence. No vehicles, boats, trailers, or other offensive objects may be kept on any Lot unless kept within the garage or parked on an approved surface on the side or in the rear yard. Item must be obscured from view as much as possible and the top of which may be visible from the street or adjacent Lot. Occupant's vehicles shall be parked in the closed garage overnight. Guest and delivery vehicles may be parked in driveways during normal and reasonable visits and deliveries. No vehicle may be parked on lawn areas or the street at any time. Garage doors shall remain closed when not in use

Except as otherwise specifically defined herein, any term used herein which is defined in the Declaration shall have the same meaning in this Amendment as in the Declaration.

3) All other Covenants and Restrictions of the Declaration shall remain in full force and effect.

IN WITNESS WHEREOF, Association has executed this amendment this 2nd day of June 2003

ASHFORD UNIT THREE OWNERS?’ ASSOCIATION, INC.