SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BELLA COLLINA AND SUPPLEMENTAL DECLARATION
SECOND AMENDED AND RESTATED
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
FOR BELLA COLLINA AND
ADDITIONS TO AND WITHDRAWALS FROM THE COMMITTED PROPERTY; CONVEYANCE OF ASSOCIATION PROPERTY
Section 1. ADDITIONS. Declarant may from time to time, in its sole discretion, by recording appropriate Supplemental Declaration(s) in the Public Records of the County, add any Additional Property or any other real property to the Committed Property governed by these CC&Rs, and may declare all or part of such Additional Property or other property (including any Improvements thereon) to be Lots, Club Property, Equestrian Property, property of the CDD, or Association Property. Upon the recording of a Supplemental Declaration, the property described therein shall be deemed part of the Committed Property as if it were originally included therein and subject to these CC&Rs. Any such Supplemental Declaration may submit any Additional Property or any other real property to such modifications of the covenants and restrictions contained in these CC&Rs as may be necessary or convenient to reflect or adapt to any changes in circumstances or differences in the character of any such Additional Property or other property. Nothing contained in this Section 1 shall be construed to require the joinder by or entitle a right to consent by Owners or the Association to any such Supplemental Declaration; provided, however, the Association shall join in the execution of any such Supplemental Declaration at the request of Declarant.
Section 2. DESIGNATION OF ADDITIONAL ASSOCIATION PROPERTY AND CLUB PROPERTY. The Declarant may, from time to time, by recording Supplemental Declarations in the County, designate additional portions of the then existing Committed Property owned by it to be Association Property or Club Property.
Section 3. DISCLAIMER OF IMPLICATION. Only the real property described in Exhibit "A" hereto is submitted and declared as the Committed Property subject to these CC&Rs. Unless and until a Supplemental Declaration is recorded in the fashion required pursuant to these CC&Rs, no other property (including any Additional Property) shall in any way be deemed to constitute a portion of the Committed Property or be affected by the covenants and restrictions expressly binding the Committed Property as provided by the terms of these CC&Rs.
Section 4. ABSENCE OF OBLIGATION. Nothing in these CC&Rs shall be construed to require the Declarant to add any Additional Property to the Committed Property encumbered by these CC&Rs or to require it to declare any portion of any properties added to the Committed Property to be Association Property, nor shall anything in these CC&Rs be construed to require the Declarant to declare any portion or portions of the existing Committed Property as Association Property, except to the extent herein specifically provided.
of service charge which is not separately billed to an Owner; (3) the premiums on policies of insurance including, but not limited to, liability, casualty and directors and officers liability insurance for the Association Property; ( 4) any sums necessary for the maintenance and repair of the Association Property and all Improvements located thereon; (5) administrative and operational expenses; (6) any and all expenses deemed to be Operating Expenses by the Association; (7) fees and costs for the management, maintenance, improvement and beautification of landscaping and stormwater drainage and retention features on the Committed Property; (8) fees and costs for the management, maintenance, improvement and operation of the Utility Systems; (9) operation, maintenance and repair of the Drainage Systems including, but not limited to work within retention areas, drainage structures and drainage easements; (10) reserves for replacements; and (11) fees and costs incurred by the Association in connection with providing Communication Services as defined for Section 7 of Article VI of these CC&Rs.
Any expense which is required by the Declaration to be the matter of Special Assessment shall not be deemed to be an Operating Expense. Expenses which are required to be the matter of Special Assessment include without limitation, the following: the cost of reconstructing, replacing or improving the Association Property or any portion thereof or Improvements thereon; any casualty loss affecting the Association or the Association Property to the extent such loss exceeds the insurance proceeds, if any, receivable by the Association as a result of such loss; any judgment against the Association (or against a Director or Directors if and to the extent such Director is, or such Directors are, entitled to be indemnified by the Association therefor pursuant to the Articles) to the extent such judgment exceeds the insurance proceeds, if any, received by the Association as a result of such judgment, or an agreement by the Association (or such Director or Directors to whom indemnification is owed) to pay an amount in settlement of a lawsuit against it (or such Director or Directors) to the extent such settlement exceeds the insurance proceeds, if any, received by the Association as a result of such settlement agreement; and legal fees and costs (including, without limitation, attorneys and paralegal fees and court costs) incurred by the Association in connection with litigation (whether incurred for the preparation, filing, prosecution or settlement thereof or otherwise), except Legal Fees incurred by the Association in connection with the collection of Assessments or other charges which Owners are obligated to pay pursuant to the Bella Collina Documents or the enforcement of the use and occupancy restrictions contained in the Bella Collina Documents.
The Operating Expenses with respect to the Association Property are payable by each Owner to the Association notwithstanding the fact that Declarant may not have as yet conveyed title to the Association Property to the Association
Section 2. NEIGHBORHOOD ASSESSMENTS. Owners of Homes and/or Lots in certain Neighborhoods that may now or in the future, be submitted to these CC&Rs by Supplemental Declaration, may be obligated to pay Neighborhood Expenses depending upon the level of services provided to the Homes and Lots in the Neighborhood by the Association. For example, the Association may provide lawn and landscape maintenance or exterior building maintenance in certain Neighborhoods, in which case the Association shall assess and collect. and which the Owners are obligated to pay, Neighborhood Assessments as provided herein or as may be otherwise provided in the Bella Collina Documents or in any Supplemental Declaration. It shall be the duty of the Board to prepare a separate budget covering the estimated Neighborhood Expenses to be incurred by the Association for each Neighborhood on whose behalf
be placed around the apparatus or some other means of obscuring the apparatus from the view of other owners or persons on the ground. No electrical or other equipment may be operated on the Committed Property which interferes with television signal reception. The Board is empowered to adopt roles governing the types of antennae, and restrictions relating to safety, location and maintenance of antennae. The Board, subject to the provisions of 47 C.F.R. Part 1, Subpart S, Section 1.4000, as amended, promulgated under the Telecommunications Act of 1996, as amended from time to time may adopt and enforce reasonable rules limiting installation of permissible dishes or antennae to locations not visible from the street or neighboring properties, and integrated with a Home and surrounding landscape, to the extent that installation of the apparatus and the reception of an acceptable signal would not be unlawfully impaired by such rules. Antennae shall be installed in compliance with all federal, state and local laws and regulations, including zoning, land use and building regulations. The provisions of this Section are intended to protect residents from unreasonable interference with television reception, electronic devices, and the operation of home appliances, which is sometimes caused by the operation of ham radios, CB base stations or other high-powered broadcasting equipment.
Section 19. CONSTRUCTION REQUIREMENT.
A. Construction and completion of any and all improvements shall be performed and completed by Owner at its sole cost and expense in substantial conformance, in all material respects, with the plans approved by the ACB ("Approved Plans") therefore, by a builder on the Featured Builder List.
B. For purposes of this Section, "Completion of Construction" shall have occurred only upon the satisfaction of the following conditions: (i) the Improvements, including, without limitation, all equipment, fittings and fixtures and an exterior painting, landscaping, patios and driveways required to be installed pursuant to the Approved Plans, shall have been substantially completed and installed in substantial conformance, in all material respects, with the Approved Plans therefore, as certified by the architect, engfoeer, or architectural or engineering firm responsible for the creation of the Approved Plans; (ii) permanent certificate(s) of occupancy for the improvements shall have been issued by the appropriate governmental authorities to Owner, and a copy thereof delivered to Declarant, and all other certificates, licenses, permits, authorizations, consents and approvals necessary for the full use and occupancy of the Improvements for their intended purposes shall have been issued by the appropriate govenunental authority to Owner, and a copy thereof delivered to Declarant; and (iii) Owner shall have caused to be deJivered to Declarant a written certificate from its architect or engineer (the "Completion Certificate") to the effect that the construction of the lmprovements, including. without limitation, all equipment, fittings and fixtures required to be installed pursuant to the Approved Plans. have been substantially completed and installed in substantial conformance, in all material respects, with the Approved Plans and in accordance with all applicable laws relating to the construction of the Improvements, and that direct connection has been made to all abutting public utilities (including water, electricity, storm and sanitary sewer and telephone).
C. For purposes of this Section, "Commencement of Construction" or "Commence Construction" shall mean that (a) a building permit has been issued for the Home by the appropriate jurisdiction; (b) construction of the Home has physically commenced beyond site
DAMAGE OR DESTRUCTION TO ASSOCIATION PROPERTY
Damage to or destruction of all or any portion of the Association Property shall, notwithstanding any provision in these CC&Rs to the contrary, be handled as follows:
A. If insurance proceeds are sufficient to effect total restoration of damaged or destroyed Association Property, then the Association shall cause such Association Property to be repaired and reconstructed substantially as it previously existed.
B. lf insurance proceeds are insufficient to effect total restoration, and the cost of restoration exceeds such proceeds by Twenty-Five Thousand Dollars ($25,000.00) or Jess, then the Association shall cause the Association Property to be repaired and reconstructed substan1ially as it previously existed and the difference between the insurance proceeds and the actual cost shall be levied as a Special Assessment proportionately against each of the Lots in accordance with the provisions of Articles VI and Vll herein.
C. If the insurance proceeds are insufficient to effect total restoration and the cost of restoration of the Association Property exceeds said proceeds by over Twenty·Five Thousand Dollars ($25,000.00), then by the written consent or vote of a majority of the voting interests, they shall determine whether: (a) to rebuild and restore either: (i) in substantially the same manner as the Improvements existed prior to the damage or destruction; or (ii) in a manner less expensive, and in the event of (i) or (ii) to raise the necessary rebuilding and restoration funds by levying pro rata restoration and construction Special Assessments against all Lots; or (b) to not rebuild and to retain available insurance proceeds. In the event it is decided that the damaged or destroyed Association Property shall not be rebuilt, the remains of any structure or structures shall be lorn down and hauled away, so as not to be a safety hazard or visual nuisance, and the land shall be fully sodded and landscaped or otherwise treated in an attractive manner. Notwithstanding anything contained herein to the contrary, any decision not to rebuild or to rebuild in a manner which would result in a change in the Improvements on the Association Property shall not be effective without the prior written approval of Declarant as long as Declarant owns any portion of the Committed Property.
E. In the event that the repairs and replacements were paid for by any Special Assessments as well as insurance proceeds and regular Assessments, then, if after the completion of and payment for the repair, replacement, construction or reconstruction there shall remain any excess in the hands of the Association, it shall be presumed that the monies disbursed in payment of any repair, replacement, construction and reconstruction were first disbursed from insurance proceeds and regular Assessments and any remaining funds shall be deemed to be the remaining Special Assessments which shall be returned to the Owners by means of a pro rata distribution in accordance with the collection of such Special Assessments.