Declaration of Covenants and Restrictions (DCR)

RESTATED AND AMENDED

DECLARATION OF COVENANTS AND RESTRICTIONS

FOR BROOK HOLLOW, PHASE I

     THIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR BROOK HOLLOW, PHASE I (hereinafter referred to as the “Declaration”), made this _______ day of ________________, 1995 by BROOK HOLLOW COMMUNITY ASSOCIATION, INC., a Florida corporation, with the principal mailing address of P.O. Box 369, Melbourne, Florida 32902-0369 (hereinafter referred to as the “Association”).

W I T N E S S E T H:

     WHEREAS, DCB/WOODSIDE MELBOURNE, LTD. (Declarant) was the sole record owner in fee simple absolute of certain real property located in Brevard County, Florida, more particularly described on Exhibit “A” attached hereto and incorporated herein which real property shall hereinafter be referred to as the “Property”); and

     WHEREAS, Declarant caused the Property to be subdivided into a subdivision which has been platted as Brook Hollow, Phase I (hereinafter referred to as “Brook Hollow”), which plat has been recorded in Plat Book 33, at Pages 90 through 92, of the Public Records of Brevard County, Florida; and

     WHEREAS, Declarant developed Brook Hollow as a single family detached residential subdivision of one hundred thirty (130) “single family residences,” and appurtenant improvements; and

     WHEREAS, Declarant caused a DECLARATION OF COVENANTS AND RESTRICTIONS FOR BROOK HOLLOW to be prepared under date of August 18, 1987 and recorded in Official Records Book 2834 starting at Page 0752 of the Public Records of Brevard County, Florida, and

     WHEREAS, Declarant no longer owns any interest in the property (BROOK HOLLOW) or other property located in the vicinity and referred to herein as the “additional property”; and

     WHEREAS, Association desires to provide for the preservation of the values and amenities in the Subdivision (as hereinafter defined) and other facilities as may be specifically designated on the plat of Brook Hollow, and to this end, desires to subject the Property to the amended covenants, restrictions, easements, charges, and liens hereinafter set forth, each and all of which is and are for the benefit of the Property and each subsequent owner of all or part thereof; and

     NOW THEREFORE, the Association hereby declares that all of the Property shall be held, sold, and conveyed subject to the following amended and restated easements, restrictions, covenants, and conditions, which are for the purpose of protecting the values and desirability of, and which shall run with, the Property and shall bind 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 thereof.

ARTICLE I

EFFECT OF DECLARATION

This Amended and Restated Declaration shall impose upon the Property certain restrictions, covenants, and conditions and the Property shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and shall bind all parties having any right, title, or interest in the Property or any part thereof, their heirs and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE II

DEFINITIONS

     Section 1.  “Association” shall mean and refer to BROOK HOLLOW COMMUNITY ASSOCIATION, INC., a Florida corporation not for profit, its successors and assigns.

     Section 2. “Property” shall mean and refer to that certain real property described on the plat of Brook Hollow, Phase I and on Exhibit “A” attached hereto.

     Section 3. “Common Area” shall mean and refer to all real property including the improvements thereon owned by the Association, for the common benefit and enjoyment of the “Owners.” The term Common Area shall also include any intangible personal property acquired by the Association, if such Property is designated as such by the Association, as the case may be, and shall also include all recreational facilities, if any, constructed or to be constructed.  The term Common Area shall specifically include the entire drainage system of the Property, for which the Association shall have the responsibility to operate and maintain the surface water management system, including, but not limited to, all on-site drainage and retention facilities, subject to a drainage easement in favor of the Town of Malabar over the drainage and retention areas.  Said drainage system includes, but is not limited to, all pipes, retention areas, swales, and inlets within the designated Tracts set forth hereinbelow.  Those areas making up the drainage and retention systems are described as Tracts 1 and 2 on the plat of Brook Hollow, Phase I.  All Common Areas are to be devoted to and intended for the common use and enjoyment of the members of the Association, their families, guests, and persons occupying “Dwelling Units” on a guest or tenant basis, to the extent designated on recorded plats or authorized by the Board of Directors of the Association.  For purposes of determining ownership of property within the Common Areas, the boundaries or any extension of the boundaries so as to cause closure as shown on the plat of Brook Hollow, Phase I, filed of Public Record shall be conclusive.  The completed Common Area together with the streets, roadways, driveways, or parking area designated as the property of the Association shall be conveyed to the Association free and clear of encumbrance.  At the time of execution of this Declaration, the Common Areas are described as Tracts 1 and 2 on the plat of Brook Hollow, Phase I, as well as the property described on Exhibit “B” attached hereto, said property known as the “Park Tract.”  The Common Area shall also include any overlook and/or boardwalk structures now or hereafter constructed within Tracts A, B, or C on the plat of Brook Hollow, Phase I, the land making up said Tracts being dedicated to the Florida Audobon Society.  The construction and maintenance of said structures shall be the responsibility of the Association, and said structures shall be subject to all of the covenants, conditions, and restrictions contained herein which are applicable to any Common Area, including, but not limited to, Article IV regarding Common Area maintenance assessments.  In the event any portion of the streets, and easements, on the plat of Brook Hollow, Phase I is abandoned by the Town of Malabar directly to the Association, then such abandoned portion shall be deemed to be Common Area and also subject to all of the covenants, conditions, and restrictions contained herein which are applicable to those tracts which make up the Common Area at the time of the execution of this Declaration, including but not limited to the provisions of Article IV regarding Common Area maintenance assessments.

     Section 4.  “Lot” shall mean and refer to any plot of land shown upon the Plat of the Property with the exception of any Common Area, or street, roadway, driveway, parking area, or other area dedicated to the Town of Malabar or to public use.

     Section 5.  “Dwelling Unit” shall mean and refer to a Lot as defined herein with a single family detached residence constructed therein as to which a certificate of occupancy has been issued by the applicable governmental authorities.

     Section 6.  “Declarant” shall mean and refer to DCB/WOODSIDE MELBOURNE, INC., LTD., a Florida limited partnership.

     Section 7.  “ARC” shall mean and refer to the Architectural Review Committee established by virtue of this Declaration in accordance with Article VI of this Declaration.

     Section 8.  “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, or Dwelling Unit which is a part of the Property, including contract sellers, but excluding those having such interest merely as a security for the performance of an obligation.

     Section 9.  “Single Family Detached Residence” shall mean and refer to any portion of a building situated upon the Property designated and intended for use and occupancy as a residence by a single family susceptible to ownership in fee simple as a non-condominium, and not being attached to other similar units.

     Section 10.  “Subdivision” shall mean and refer to Brook Hollow, Phase I, and portions of the Additional Property platted as subsequent phases of the Brook Hollow Subdivision Community.

     Section 11.  “Member” shall mean and refer to any Owner, as defined hereinabove.

ARTICLE III

PROPERTY RIGHTS

     Section 1.  Owner’s Easements of Enjoyment.  Every Owner shall have a right and easement of enjoyment in and to the Common Area which right and easement of enjoyment shall be appurtenant to and shall pass with their title to every Lot or Dwelling Unit, subject to the following provisions:

          (a)  The right of the Association to charge reasonable fees for the maintenance of the Common Area which is the property of the Association;

          (b)  The right of the Association to suspend the voting rights and right to use of the recreational facilities, if any, of an Owner for any period during which any assessment against the Owner’s Lot and Dwelling Unit remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations.

          (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 for such purposes and subject to such conditions as may be agreed to by the Members.

     Section 2.  Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the Property.

ARTICLE IV

COVENANT FOR COMMON AREA MAINTENANCE ASSESSMENTS

     1.   Section 1.  Creation of the Lien and Personal Obligation of Assessments.   Each Owner of any Dwelling Unit or lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments, if any, to be fixed, established, and collected from time to time as hereinafter provided.  The annual and special assessments, if any, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land, shall be a continuing lien upon the Lot and Dwelling Unit against which each such assessment is made, together with such interest thereon and the cost of collection thereof as hereinafter provided, and shall also be the personal obligation of the person who was the Owner of such Lot and Dwelling at the time when the assessments fell due.  The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them; however, the lot shall remain subject to such lien and such lien shall be enforced as set forth herein.  Notwithstanding anything contained herein to the contrary, the obligation shall be joint and several as to the Owner in the event that the Owner constitutes more than one person or entity.

     Section 2.  Purpose of Assessments.  The assessments levied by the Association, if any, shall be used exclusively for the purpose of implementing the corporate purposes and powers of the Association and promoting the recreation, health, safety and welfare of the residents of the Property, including but not limited to, the payment of taxes on the Common Area and insurance thereon and repair, replacement, and additions thereto, and for the costs of labor, equipment, materials, management, signage, maintenance, landscaping, and supervision thereof.  In the event that the Board of Directors of the Association determines that landscaping and/or maintenance of those areas dedicated to the Town of Malabar is in the best interest of the Subdivision, and said landscaping and/or maintenance is not provided by the Town of Malabar by means of taxes, assessments, or otherwise, the Board of Directors shall also be entitled to levy a special assessment or utilize the annual assessment for the purpose of providing such landscaping and/or maintenance.  Each Owner of any Dwelling Unit or lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay the Association any annual or special assessments contemplated by this Section for the purpose set forth herein, including but not limited to maintenance of all on-site drainage and retention facilities serving the Property.

     Section 3.  Basis and Maximum of Annual Assessment.  Until January 1, 1988, the maximum annual assessment by the Association for each Lot shall be TWO HUNDRED AND NO/100 DOLLARS ($200.00) per Lot and Dwelling Unit.

          (a)  From and after January 1, 1988, the maximum annual assessment by the Association may not be increased each year more than fifteen percent (15%) cumulative, above the maximum assessment for the previous year without a vote of approval by a majority of the total votes cast by Members of the Association, voting in person or by proxy, at a meeting duly called for such purpose.           (b)  The Board of Directors of the Association may, after consideration of current maintenance costs and future needs of the Association, fix the annual assessment for any year at a lesser amount than the maximum and may fix the assessment for each calendar year and may increase the maximum assessment by as much as fifteen percent (15%), cumulative, over the maximum amount set for the previous calendar year.

          (c)  Both annual and special assessments by the Association must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly, semi-annual, or annual basis as evidenced by resolution of the Board of Directors of the Association.

          (d)  Notwithstanding the foregoing to the contrary, the Association shall have the right to make special assessments for Lots on a non-uniform basis for such matters as are specifically set forth in this Declaration including, but not limited to, the items set forth in Section 13, 14, and 15 of Article VII of this Declaration.

     Section 4.  Special Assessments for Capital Improvements.  In addition to the annual assessments authorized by Section 3 hereof, the Association may levy in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital improvement upon the Common Area which is the property of the Association, including the necessary fixtures and personal property related thereto, provided that such assessment shall have the assent of a majority of the total votes cast by Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days in advance and not more than (60) days in advance of the meeting and shall set forth the purpose of the meeting.

     Section 5.  Change in Basis and Maximum of Annual Assessments.  Assessments.  Subject to the limitations of Section 3 hereof, and the periods therein specified, the Association may change the maximum and basis of the assessments fixed by Section 3 hereof prospectively for any such period provided that any such change shall have the assent of a majority of the total votes cast by Members who are voting in person or by proxy, at a meeting duly called for that purpose, written notice of which shall be sent to all Members not less than thirty (30) days in advance and not more than sixty (60) days in advance of the meeting and shall set forth the purpose of the meeting.

     Section 6.  Quorum for any Action Authorized Under Sections 4 and 5.  The quorum required for any action authorized by Sections 4 and 5 hereof shall be as follows:

At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the meeting of Members of the Association, or of proxies, entitled to cast a majority of all the votes shall constitute a quorum.  If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Sections 4 and 5 and the required quorum at any such subsequent meeting shall be one-third (1/3) of the total votes of the membership, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

     Section 7.  Date of Commencement of Annual Assessments; Due Dates.  The assessments for any year, shall become due and payable on the first day of January of said year.  As provided in Section 3, subparagraph (c), the assessments may be collected on a payment schedule set by the Board of Directors of the Association.  The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.

     Section 8.  Duties of the Board of Directors.  The Board of Directors of the Association shall determine the amount of the assessment against each Lot or Dwelling Unit for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner.  Written notice of the assessment shall thereupon be sent to every Owner subject thereto.  The Association shall, upon demand, and for a reasonable charge, furnish to any Owner liable for said assessment, a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid.  Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

     Section 9.  Effect of non-payment of Assessment; The Personal Obligation of the Owner; the Lien; Remedies of Association.  If the assessments are not paid on the date when due (being the dates specified in Section 7 thereof), then such assessments shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Lot or Dwelling Unit which shall bind such Lot or Dwelling Unit in the hands of the then Owner, the Owner’s heirs, devisees, personal representative, and assigns.  The personal obligations of the then Owner to pay such assessments, however shall remain the Owner’s personal obligation.  If the owner, is comprised of more than one (1) person or entity, the elements comprising the Owner shall be jointly and severally liable for the obligation to pay such assessments.

If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the due date at the maximum rate of interest permitted by law per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same and or to foreclose the lien against the Lot or Dwelling Unit, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorneys’ fees to be fixed by the Court, together with the costs of action.

     Section 10.  Subordination of the Lien to Mortgages.  The lien of the assessments provided for herein shall be subordinate to the lien of any institutional first mortgage now or hereafter placed upon the Lot or Dwelling subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure.  Such sale of transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.

     Section 11.  Exempt Property.  The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein:

          (a)  All properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use.

          (b)  All Common Areas as defined in Article II, Section 3 hereof.

          (c)  All properties exempted from taxation by the laws of the State of Florida, upon the terms and to the extent of such legal exemption.

Notwithstanding any provisions herein, no land or improvements devoted to dwelling and constituting a Dwelling Unit, as defined herein, shall be exempt from said assessments, charges, or liens.

ARTICLE V

EASEMENT RESERVED TO ASSOCIATION

     Section 1.  Easement Over Common Area.  The Association hereby reserves unto itself, its successors and assigns, a perpetual easement over, upon, under, and across all Common Area as aforesaid, shown on the recorded subdivision plat of the Property or subsequently recorded plats of the Brook Hollow Subdivision Community, together with the right to grant easements to others and each easement shall include, but shall not be limited to, the right to use the said Common Area to erect, maintain, and use electric and telephone poles, wires, cables, conduits, sewers, water mains, television cable, and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water, television cable system, or other public conveniences, or to use the said Common area for utilities, drainage, signage, fencing, landscaping and irrigation, and the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or take any other similar action reasonably necessary to provide economical and safe utility installation or for drainage and to maintain reasonable standards of health, safety and appearance, and the right to locate wells, pumping stations and tanks, the right to erect and maintain landscaping, and the right to erect and maintain signage; provided, however, that said reservation and right shall not be considered an obligation of the Association to provide or maintain any such utility or service.

Section 2.  Easement over Lots.  The Association hereby reserves unto itself the right to grant a perpetual easement to itself or any other entity over that portion of every Lot lying within fifteen (15) feet of the boundary line of such Lot.  The Association shall not be entitled to grant easements over any particular Lot titled in another in such a manner so as to interfere with the reasonable use of said Lot for construction of a residence or a swimming pool, decking, or screened enclosure.  The Association shall not  be entitled to grant easements over that portion of a Lot which is contained within the boundaries of a Single Family detached Residence or a swimming pool, decking, or screened enclosure.

     Section 3.  Easement along Bodies of Water.  Association hereby reserves unto itself the  right to grant to itself or any other entity a perpetual easement fifteen (15) feet in width along the rear lot lines of those lots abutting any creek, stream, canal, river, or other body of water lying wholly or partially within the boundaries of the Property for egress or ingress along the banks of any such body of water for maintenance of said body of water.  Association also reserves unto itself and all owners of Lots and does hereby impose and grant to itself and all owners of Lots a perpetual easement for egress and ingress along, through, and over that portion of any such navigable body of water lying within the Property for the purpose of traveling by boat within any such navigable bodies of water.

     5.   Section 4.  Establishment of Easements.  All easements, as provided for in this Article, shall be established by one or more of the following methods, to wit:

          (a)  By a specific designation of an easement on the recorded plat of Brook Hollow, Phase I, or additional plats of the Subdivision;

          (b)  By a reservation or specific statement providing for an easement in the deed of conveyance of a given Lot or Dwelling Unit;

          (c)  By a separate instrument executed by the Association referencing this Article V, said instrument to be subsequently recorded by the Association; or

          (d)  By a grant or reservation of such easement in this Declaration or in a Supplemental Declaration as defined in Section 5 of Article X.

ARTICLE VI

ARCHITECTURAL CONTROL

     Section 1.  Review by Architectural Review Committee.  No building, fence, wall, pool, landscaping, or other structure shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made unless it is in compliance with the zoning code of The Town of Malabar and other applicable regulations and unless and until the plans and specifications showing the nature, kind, shape, height, materials, and location  of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Review Committee (ARC).

     Section 2.  Procedure for Review.  Any Owner needing the approval of the ARC shall deliver an application or request for action to the ARC by certified mail with return receipt requested or by hand delivery with signed receipt together with a floor plan, elevation plan, landscaping plan, site clearing plan, and abbreviated specifications, including exterior material and colors.  As soon as reasonably possible, but not later than thirty (30) days after receipt, the ARC shall indicate its approval or disapproval of the matters required to be acted upon by them by a written instrument, and served personally or by certified mail upon the Owner and all interested parties, identifying the proposed building or structure and either stating approval or giving and making recommendations for changes to gain approval.

     Section 3.  Composition of Architectural Review Committee.  The ARC shall consist of three (3) members of the Board of Directors of the Association and shall be appointed by the Board for a term of one (1) year and thereafter until their successors are chosen.  The Board of Directors may remove any member of the ARC at any time by majority vote of the Board.

ARTICLE VII

GENERAL RESTRICTIONS

     Section 1.  General Restrictive Covenants.  The general restrictive covenants contained in this Article shall apply uniformly to all Lots and Dwelling Units on the Property, unless otherwise set forth herein.

     Section 2.  Residential Use Only; Construction and Right of Repurchase.  No Lot shall be used for any purpose except residential.  The term “residential” is intended to prohibit any commercial use, including professional office use, of any portion of any Lot or Dwelling Unit.  No building shall be erected, altered, placed, or permitted to remain  on any Lot other than buildings designated for residential use, private garages, accessory buildings, and structures such as swimming pools and screened enclosures.  No garages may be converted to  living space.  All dwelling Units shall contain a minimum of one thousand six hundred (1,600) square feet of air conditioned floor area.  All Lots shall have a front setback of at least twenty-five (25) feet, a rear setback of twenty (20) feet, and a side setback of ten (10) feet.

Section 3.  No Temporary Structures.  No structure of a temporary nature or character, including, but not limited to, a trailer, house trailer, mobile home, camper, tent, shack, shed, barn, or other similar structure or vehicle, shall be used or permitted to remain on any Lot as a storage facility or residence, or other living quarters whether temporary or permanent, unless approved by the ARC for use during construction only.

     Section 4.  Parking Restrictions.  No automobile, truck, boat, boat and trailer, trailer, house trailer, recreational vehicle, mobile home, camper, or other similar vehicle shall be parked on the street, including right-of-way thereof, overnight or for a continuous period of time in excess of four (4) consecutive hours.

     Section 5.  Storage Restrictions.  No unmarked automobile shall be parked for any period of time in excess of four (4) consecutive hours or stored or otherwise permitted to remain on any Lot except in a garage attached to a Dwelling Unit or within the confines of a paved driveway leading from the street adjoining a Lot to the doorway of a garage attached to a Dwelling Unit.  No automobile which contains lettering or advertising thereon or which is identified with a business or commercial activity, truck or other commercial vehicle, house trailer, recreational vehicle, mobile home, camper, boat, boat and trailer, or other similar vehicle shall be parked for any period of time in excess of four (4) consecutive hours or stored or otherwise permitted to remain on any Lot except in an enclosed garage attached to a Dwelling Unit with the garage door closed.

     Section 6.  Livestock and Animal Restrictions.  No livestock, poultry, or animals of any kind or size shall be raised, bred, or kept on any Lot or in any Dwelling Unit provided, however, that dogs, cats, or other common domesticated household pets may be raised and kept; provided such pets are not kept, bred, or maintained for any commercial purposes.  Such permitted pets shall be kept on the Owner’s Lot and shall not be allowed to roam free in the subdivision or on to any other Owner’s property.  No permitted pet shall be allowed to make noise in a manner or of such volume as to annoy or disturb other Owners.

Section 7.  Restriction on Activity.  No obnoxious or offensive activity shall be conducted or permitted to exist upon any Lot, or in any Dwelling Unit, nor shall anything be done or permitted to exist on any Lot or in any Dwelling  Unit that may be or may become an annoyance or private or public nuisance.

     Section 8.  Restrictions on Hedges, Fences or Walls.   No hedge, fence, or wall shall be planted, placed, altered, maintained, or permitted to remain on any Lot unless and until the height, type, or location, materials and manner of construction thereof have been approved by the ARC in accordance with Article VII hereof.  There shall be no chain link fence of any height placed on any Lot except that if, and only if, required by the Town of Malabar or other governmental jurisdiction, chain link fencing may be erected abutting drainage retention ponds.

     Section 9.  Restriction on Potable Water Wells.  For a period of thirty (30) years from the date of this Declaration, no wells for the production of potable water shall be dug or used or permitted to be dug or used on the Property, without the written consent of the Board of Directors of the Association or its specifically designated successor except for shallow wells to be used solely for the irrigation of plants and lawns and not for drinking purposes.

     Section 10.  Antenna Restrictions.  No one shall be permitted to install or maintain on any Lot, Dwelling Unit or other structure any outside television or radio antennae, disc, mast, aerial, or other tower for the purpose of audio or visual reception or transmission unless the same is approved by the ARC and even then only in the event there is not in existence a Subdivision wide master antenna system or a cable television system, whether commercially or privately maintained.

     Section 11.  Aesthetic and Safety Control.  In order to implement effective insect, reptile, and fire control, the Board of Directors of the Association shall have the right, but not the duty, to enter upon any Lot or Dwelling Unit, such entry to be made by personnel with tractors or other suitable devices, for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, which in the opinion of the Board of Directors of the Association detracts from the setting and safety of the Subdivision.  Such entrance for the purpose of mowing, cutting, clearing, or pruning shall not be deemed a trespass but shall be deemed a license coupled with an interest.  The Board of Directors of the Association, the ARC and their agents may likewise enter upon such land to remove any trash which has collected on such Lot or Dwelling Unit without such entrance and removal being deemed a trespass.  The provisions in this Section shall not be construed as an obligation on the part of the Board of Directors of the Association or the ARC to mow, clear, cut, or prune any Lot, nor to provide garbage or trash removal services, or any other service.  All expenses reasonably incurred by the Board of Directors of the Association or ARC in exercising its right under this Section shall become and constitute a lien against the Owner of the Lot or Dwelling Unit.  Such lien shall be established by recording a Claim of Lien among the Public Records of Brevard County, Florida and shall in every respect constitute a lien against said Lot or Dwelling Unit of equal dignity with liens created by recorded mortgage or judgment.

     Section 12.  Signs.  No commercial signs, excepting “For Rent”, or “For Sale” signs not exceeding two (2) square feet in area erected by Owners or an Owner’s authorized real estate agent, shall be erected or maintained on any Lot or Dwelling Unit except with the written permission of the Board of Directors of the Association or ARC or except as may be required by legal proceedings, it being understood that the Board of Directors of the Association or ARC will not grant permission for said signs unless their erection is reasonably necessary to avert serious hardship to the Owner.

     Section 13.  Allowable Trim.  No Owner or tenant of an Owner shall install chimneys, shutters, awnings, or decorative exterior trim, except small exterior decorations such as address plates and name plates, without prior approval of the ARC.  All external structural and trim modifications to structure existing on any Lot shall be submitted to the ARC for approval prior to being made.  Any modifications made without prior approval of the ARC which are properly subject to such prior approval, shall, at the written direction of the ARC, be restored to the conditions existing prior to the modifications.  Failure to restore modifications when directed by the ARC shall be cause for the Board of Directors of the Association or ARC to undertake such restoration and the Board of Directors of the Association or ARC, through their agents or independent contractors, are hereby empowered to make such restoration as they deem necessary and to enter onto any Lot for such purpose, which entry shall be deemed a license coupled with an interest and not a trespass.  All expenses reasonably incurred by the Board of Directors of the Association or ARC in making such restorations shall become and constitute a lien against said Lot or Dwelling Unit.  Such lien shall be established by recording a Claim of Lien among the Public Records of Brevard County, Florida and shall in every respect constitute a lien on the Lot or Dwelling Unit in the same manner and with the same dignity as any lien created by recorded mortgage and judgment.

     Section 14.  Lawn and Landscaping Maintenance.  Each Owner shall maintain the lawn and landscaping on the Lot in a manner so as to not detract from the aesthetic setting of Brook Hollow.  If damage or deterioration to the lawns or landscaping other than ordinary wear and tear, is caused by or results from negligence or omission by an Owner, his agents, guests, or invitees or others whose presence is authorized by an Owner, the Board of Directors of the Association or the ARC shall have the right to impose a special assessment against said Owner to pay for the costs of repairing such damage or deterioration.  Such assessment shall in every respect constitute a lien on the Lot or Dwelling Unit of the Owner. Such lien shall be established by recording a Claim of Lien among the Public Records of Brevard County, Florida and shall in every respect constitute a lien on the Lot or Dwelling Unit in the same manner and with the same dignity as any lien created by recorded mortgage or judgment.

     Section 15.  Exterior Maintenance.  Each individual Owner shall have the responsibility to maintain the exterior of his respective Dwelling Unit including but not limited to painting and stuccoing.  In the event the exterior of said Dwelling Unit is damaged in such fashion so as to create a health or safety hazard to adjoining lots or Dwelling Units or deteriorates in such a way as to create a nuisance or to be unsightly and not in keeping with the quality of the Subdivision, as determined by the ARC in its sole discretion, and such damage is not repaired or repair is not commenced with thirty (30) days from the occurrence of the damage and timely pursued to completion, then in such an event, the Board of Directors of the Association or the ARC shall have the right to make reasonable repairs to the exterior of such Dwelling Unit and shall be entitled to place a lien against the Owner of the Dwelling Unit for the costs of such repairs.  Such lien shall be established by recording a Claim of Lien among the Public Records of Brevard County, Florida and shall in every respect constitute a lien on the Lot or Dwelling Unit in the same manner and with the same dignity as any lien created by recorded mortgage or judgment.

     Section 16.  Access at Reasonable Hours.  For the sole purpose of performing the exterior or lawn or landscaping maintenance, when required as set forth above, or any other repairs or restorations authorized by this Declaration, the Board of Directors of the Association or the ARC, through their duly authorized agents, contractors, or employees shall have a license which shall be exercisable after reasonable notice to the Owner to enter upon any Lot or exterior or interior of any Dwelling Unit at reasonable hours on any day of the week.

     Section 17.  Solar Panels, Screened Porches, Air Conditioners.  No Solar panels, screened porches, or air conditioner units shall be installed in the front or on the side of any residence constructed on a Lot or at the rear of any such residence in such a manner as to extend beyond the side of any such residence so as to be visible from the front of the Lot.  Solar panels may only be installed on the rear of the Dwelling Unit and must be approved in writing by the ARC prior to installation.  Provided, however, if the ARC determines that suitable screening exists, or that the installation sought is of a nature which would not detract from the Subdivision, then the ARC may approve a non-conforming installation after receipt of a detailed set of plans showing site, location, color, and material of construction, and a written request for such non-conforming installation.

     Section 18.  No Clothes Lines.  There shall not be erected on any Lot a clothes line, Clothes pole, or other device which has as its intended purpose or principal use the hanging of clothes or other articles to dry or air unless the same is first approved in writing by the ARC and is erected within a screened enclosure and is not visible from the street or any Lot.

     Section 19.  Street Side Mail Boxes.  No Lot owner shall erect a street side mail box until and unless the same has been first approved in writing by the ARC.

     Section 20.  Accessory Facilities.  All garbage or trash containers, oil tanks, bottled gas tanks, or the like shall be located at the rear or side yard of the Dwelling Unit, and shall be installed underground or located within an acceptable screened or a walled-in area not visible from the street or an adjoining Lot.  Sanitary capped containers are required for all garbage.

     Section 21.  Septic Tanks.  No septic tanks shall be installed on any Lot until and unless the same have been first approved in writing by the ARC and the appropriate governmental entity having jurisdiction over the same.

     Section 22.  Above Ground Pools.  No above ground swimming pools shall be allowed on any lot.

ARTICLE VIII

COVENANTS AGAINST PARTITION AND

SEPARATE TRANSFER OF MEMBERSHIP RIGHTS

Recognizing that the full use and enjoyment of any Lot or Dwelling Unit located in the subdivision is dependent upon the right to use and enjoyment of Common Areas and the improvements made thereto, and that it is in the interests of all of the Owners that the right to use and enjoyment of the Common Areas be retained by the Owners of Lots and Dwelling Units, it is therefore declared that the right to the use and enjoyment of any Owner in the Common Areas shall remain undivided, and such Owners shall have no right at law or equity to seek partition or severance of such right to the use and enjoyment of the Common Areas.  In addition there shall exist no right to transfer the right to the use and enjoyment of the Common Areas in any manner other than as an  appurtenance to and in the same transaction with a transfer of title to a Lot or Dwelling Unit in the subdivision.  Provided, however, that nothing herein shall preclude a conveyance by the Declarant herein of any undivided interest in the Common Areas to the Owners of Lots or Dwelling Units within the Subdivision for the purpose of effectuating the intent of this Declaration.  Any conveyance or transfer of a Lot or Dwelling Unit in the Subdivision shall include the right to use and enjoyment of the common Areas appurtenant to such Lot or Dwelling Unit, subject to reasonable rules and regulations promulgated by the Association for such enjoyment whether or not such rights shall have been described or referred to in the deed by which said Lot or Dwelling Unit is conveyed.

ARTICLE IX

MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

     Section 1.  Membership.  Every person or entity who is record owner of a fee simple interest or undivided interest in fee simple in any Lot or Dwelling Unit shall be a Member of the Association; provided, that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member.  No Owner’s tenants shall be Members.

     Section 2.  Voting Rights.  The Association shall have  one (1) class of voting membership.  A Member shall be entitled to one (1) vote for each Lot or Dwelling Unit owned by such Member and in no event shall more than one (1) vote be cast with respect to any such Lot or Dwelling Unit.

ARTICLE X

GENERAL PROVISIONS

     Section 1.  Enforcement.  The ARC, Board of Directors of the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Amended and Restated Declaration, to include a foreclosure of a lien established by a recorded Claim of Lien as previously provided for herein.  Failure by any of the aforesaid to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.

     Section 2.  Severability.  Invalidation of any one of these covenants or restrictions by judgment and court order shall in no way affect any other provisions which shall remain in full force and effect.

     Section 3.  Covenants to Run with the Land.  The restrictions and burdens imposed by the provisions and covenants of this Amended and Restated Declaration shall constitute equitable servitude upon the Owner of each Lot and Dwelling Unit and the appurtenant undivided interest in the Common Areas and upon the heirs, personal representatives, successors, and assigns of each Owner, and the same shall likewise be binding upon the Association and its successors and assigns.  This Declaration shall be binding and in full force and effect for a period of twenty (20) years from the date this Declaration is recorded, after which time this Declaration shall be automatically extended for successive ten (10) year periods unless and until seventy-five percent (75%) of the total votes of Members of the Association approve a resolution terminating this Declaration at a special meeting called for that purpose after a minimum thirty (30) days written notice thereof.        Section 4.  Amendment of Declaration.  This Declaration may be amended by an instrument signed by not less than seventy-five percent (75%) of the Lot or Dwelling Unit Owners of record; provided that any amendment which would affect the surface water management system, including the water management portion of the Common Areas, must have the prior approval of the St. Johns River Management District.  Any amendment must be recorded.