COVENANTS & RESTRICTIONS- PROPOSED CHANGES ANNUALMEETING – 22 Jan 2018

PICKETT DOWNS UNITS II & III HOMEOWNERS' ASSOCIATION, INC.

(PRESENT WORDING) (PROPOSED CHANGES) (VOTE BELOW)

1.ARCHITECTURAL CONTROL. No building, structure or fencing shall be erected, placed or altered on any lot or property until the construction plans and specifications and a plan showing the location of the building or structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finished grade elevation. / 1.ARCHITECTURAL CONTROL. No building, structure or fencing shall be erected, placed or altered on any lot or property until the construction plans and specifications and a plan showing the location of the building or structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finished grade elevation.No building, structure or driveway is to be built without proper drainage consideration and maintenance as provided for in these documents.
The Architectural Control Committee (ACC) Construction Guidelines will be developed by the Pickett Downs II & III community and approved by the HOA Board. The approved ACC Guidelines will be published and available upon request. All submitted plans must meet current ACC Guidelines. / (check one box)
□I accept these changes as written.
□ Ireject these changes. I want to keep the present wording.
5.LIVESTOCK AND ANIMALS. No animals, livestock, goats or poultry of any kind shall be raised, bred or kept on any lot or property except that horses, dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. / 5.LIVESTOCK AND ANIMALS. No animals, livestock, goats or poultry of any kind, exclusive of chickens as described below, shall be raised, bred or kept on any lot or property except that horses, dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
Chickens may be kept for personal use only and in a manner that does not create any nuisance consisting of odor, noise or pests. There shall be no perceptible odor that is objectionable to neighboring properties emanating from the chickens or the enclosure. Roosters are not allowed.
Chickens may not be bred or slaughtered on premises. Chickens shall not be used or trained for the purpose of fighting for amusement, sport or financial gain.
Deceased chickens must be properly disposed of within 24-hours of expiring and in accordance with Florida law.
Chickens must be kept within a coop or enclosure and may not be released or set free to roam unless under the direct supervision of their owner and must be confined to the backyard of the owner’s property.
All coop and enclosure plans must be submitted and approved by the ACC. / (check one box)
□I accept these changes as written.
□ Ireject these changes. I want to keep the present wording.
9. NUISANCE. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
All clotheslines shall be placed at the rear of and within the area encompassed by the rearward extension of the residence, and the clotheslines shall not be placed in an area that would be unsightly to adjacent landowners. No inoperative cars, trucks, trailers, or other types of vehicles shall be allowed to remain either on or adjacent to any lot or property in excess of forty-eight (48) hours, provided however, this provision shall not apply to such vehicles being kept in an enclosed garage. There shall be no major repair performed on any motor vehicle on or adjacent to any lot or property in Pickett Downs, Units II and III.
Recreational vehicles, such as campers, boats or trailers, and motor homes, shall be kept out of the view of adjacent property owners. / 9. NUISANCE. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. (A)Upon receipt of a written complaint against any lot, the Board shall review such complaint against said lot and may determine if any activity upon said lot has become an annoyance or nuisance to the neighborhood.
All clotheslines shall be placed at the rear of and within the area encompassed by the rearward extension of the residence, and the clotheslines shall not be placed in an area that would be unsightly to adjacent landowners. No inoperative cars, trucks, trailers, or other types of vehicles shall be allowed to remain either on or adjacent to any lot or property in excess of forty-eight (48) hours, provided however, this provision shall not apply to such vehicles being kept in an enclosed garage. There shall be no major repair performed on any motor vehicle on or adjacent to any lot or property in Pickett Downs, Units II and III.
Recreational vehicles, such as campers, boats or trailers, and motor homes, shall be kept out of the view of adjacent property owners.(B)Appropriate parking and storage provisions must be made for Recreational vehicles, defined as campers, boats, trailers, and motor homes, remaining on any property in excess of 48 hours.
Recreational vehicles are not to be parked where they cross the front of the house line. They may be parked in front of the house temporarily, not to exceed 3 days, while being prepared for use.
Recreational vehicles will have current Florida registration and will be in operable condition.
No Recreational vehicle will be used as a permanent dwelling.
(C) NO vehicle shall be parked on the street overnight. Every effort should be made to not park in the street at any time and to have contractorspark in the property’s driveway. / (check one box)
9A□I accept these changes as written.
9A□ I reject these changes. I want to keep the present wording.
(check one box)
9B□I accept these changes as written.
9B□I reject these changes. I want to keep the present wording.
check one box)
9C□I accept these changes as written.
9C□I reject these changes. I want to keep the present wording.
10. EASEMENTS. Seventy (70) foot private ingress and egress easements and public utility easements, if any, shall be maintained equally between property owners of all property subject to these restrictions. The roadways as shown on the plat are common private ingress and egress easements, the property owner of the respective lot adjoining said ingress and egress easement, owning to the center-line of the roadway. The ingress and egress easements, as well as other easements shown on the plat, are for the private use of all property owners and the public utility serving the said lots and property. Said easements may also be used by emergency vehicles such as fire, police and rescue units. A ten (10) foot strip along the side and rear lot lines of all respective lots is hereby reserved for the purpose of providing a respective lot or lots with utility service and/or drainage purposes. Upon request by the appropriate utility authority, the respective property owner or owners shall grant to said utility authority, the right to utilize said ten (10) foot strip for the sole purpose of providing utility service for lots situated in Pickett Downs, Units II and III. In addition, there exists a fifteen (15) foot bridle trail easement along the road frontage off of Ft. Christmas Road for the entire length of Units II and III. Said bridle easement shall be maintained by each respective lot owner abutting said bridle trail. Additionally, there exists drainage easements and drainage retention areas as designated on the plat of Units II and III. Property owners of Lots 86 though 89, 153 through 157, 169 and 170 through 178 shall be required at the time of home construction, to place a one (1) foot deep swale along the rear boundary of the lot or at the limit of the improved area of the lot. Said drainage easements shall be maintained by the respective lot owner and will be subject to maintenance and assessment for the same by the Architectural Control Committee in the event said easements are not maintained properly. / 10. EASEMENTS. Seventy (70) foot private ingress and egress easements and public utility easements, if any, shall be maintained equally between property owners of all property subject to these restrictions. The roadways as shown on the plat are common private ingress and egress easements, the property owner of the respective lot adjoining said ingress and egress easement, owning to the center-line of the roadway. The ingress and egress easements, as well as other easements shown on the plat, are for the private use of all property owners and the public utility serving the said lots and property. Said easements may also be used by emergency vehicles such as fire, police and rescue units. A ten (10) foot strip along the side and rear lot lines of all respective lots is hereby reserved for the purpose of providing a respective lot or lots with utility service and/or drainage purposes. Upon request by the appropriate utility authority, the respective property owner or owners shall grant to said utility authority, the right to utilize said ten (10) foot strip for the sole purpose of providing utility service for lots situated in Pickett Downs, Units II and III. In addition, there exists a fifteen (15) foot bridle trail easement along the road frontage off of Ft. Christmas Road for the entire length of Units II and III. Said bridle easement shall be maintained by each respective lot owner abutting said bridle trail.Said bridle easement shall be maintained by the Pickett Downs, Units ll and lll Home Owners Association.
Additionally, there exists drainage easements and drainage retention areas as designated on the plat of Units II and III. Property owners of Lots 86 though 89, 153 through 157, 169 and 170 through 178 shall be required at the time of home construction, to place a one (1) foot deep swale along the rear boundary of the lot or at the limit of the improved area of the lot. Said drainage easements shall be maintained by the respective lot owner and will be subject to maintenance and assessment for the same by the Architectural Control Committee in the event said easements are not maintained properly. / (check one box)
□I accept these changes as written.
□I reject these changes . I want to keep the present wording.
11. MAINTENANCE OF EASEMENTS. It shall be the responsibility of the respective property owners to share in the maintenance, construction, upkeep, and reconstruction of all private easements on a pro-rata basis. In particular the respective property owner is responsible for the road easements, drainage easements, bridle trail easements, and other private easements set forth herein and on the plat of Pickett Downs, Units II and III. The need for such maintenance of said private easements shall be the responsibility of the Architectural Control Committee, and upon notice by said Committee that there exists a need for maintenance, construction, upkeep, and/or reconstruction, each respective lot owner will be responsible for the payment of said maintenance, construction, upkeep, and/or reconstruction. / 11. MAINTENANCE OF EASEMENTS.It shall be the responsibility of the respective property owners to share in the maintenance, construction, upkeep, and reconstruction of all private easements on a pro-rata basis. In particular the respective property owner is responsible for the road easements, drainage easements, bridle trail easements, and other private easements set forth herein and on the plat of Pickett Downs, Units II and III. The need for such maintenance of said private easements shall be the responsibility of the Architectural Control Committee, and upon notice by said Committee that there exists a need for maintenance, construction, upkeep, and/or reconstruction, each respective lot owner will be responsible for the payment of said maintenance, construction, upkeep, and/or reconstruction. / □I accept these changes as written.
□I reject these changes. I want to keep the present wording.
11. - #1. 1. In the event, through an act of condemnation, or upon approval of fifty-one percent (51%) of the property owners of Pickett Downs, Units II and III, said ingress and egress easements are taken over by a government entity or deemed to be the responsibility of a government entity for maintenance purposes, the respective lot owners herein agree to an assessment of up to one hundred percent (100%) of the total cost of any right of way acquisition, engineering and construction, maintenance, etc. on a pro-rata basis as set by the government entity. 2. In the event there is a paving or maintenance by a government entity each respective lot owner herein agrees to an assessment for the cost of said construction on an equal basis. 3. There shall be no governmental condemnation of ingress and egress easements in Pickett Downs, Units II and III until such condemnation is approved by at least seventy-five percent (75%) of the then existing property owners of Pickett Downs, Units II and III. / 1. In the event, through an act of condemnation, or upon approval of fifty-one percent (51%) of the property owners of Pickett Downs, Units II and III, said ingress and egress easements are taken over by a government entity or deemed to be the responsibility of a government entity for maintenance purposes, the respective lot owners herein agree to an assessment of up to one hundred percent (100%) of the total cost of any right of way acquisition, engineering and construction, maintenance, etc. on a pro-rata basis as set by the government entity. 2. In the event there is a paving or maintenance by a government entity each respective lot owner herein agrees to an assessment for the cost of said construction on an equal basis. 3.There shall be no governmental condemnationor voluntary relinquishmentof ingress and egress easements in Pickett Downs, Units II and III until such condemnation is approved by at least seventy-five percent (75%) of the then existing property owners of Pickett Downs, Units II and III. / (check one box)
□I accept these changes as written.
□I reject these changes. I want to keep the present wording.
15.MEMBERSHIP IN THE ARCHITECTURAL CONTROL COMMITTEE. The
Architectural Control Committee shall be composed of the following three
persons, together with one person appointed by the Homeowner's Association
when the same is formed. A total of four members shall compose the
Architectural Control Committee. The Committee shall be composed of Michael
D. Jones, Ray T. Hibbard, and Steve B. Saboff, Post Office Box 3567, Winter
Springs, Florida 32708. A majority of the committee may designate a
representative to act for it. In the event of death or resignation of any member of
the Committee, the remaining members shall have full authority to designate a
successor. Neither the members of the Committee, nor its designated
representative shall be entitled to any compensation for services performed
pursuant to this covenant. At any time, the then record owners of a majority of
the lots and property shall have the power through a duly recorded written
instrument, to change the membership of the Committee or to withdraw from the
Committee or restore to it any of its power and duties. At any time the then
owners of at least fifty-one percent (51%) of the lots and property may change
these covenants in whole or in part by executing written instruments making said
changes and have the same duly recorded in the Public Records of Seminole
County, Florida. However, any such amendment shall not apply to any lots or
property owned by Developer unless Developer has joined in said amendment. / 15. MEMBERSHIP IN THE ARCHITECTURAL CONTROL COMMITTEE. The
Architectural Control Committee shall be composed ofHOA members;the following three
persons, together with one person appointed by the Homeowner's Association
when the same is formed. A total of four members shall compose the
Architectural Control Committee. The Committee shall be composed of Michael
D. Jones, Ray T. Hibbard, and Steve B. Saboff, Post Office Box 3567, Winter
Springs, Florida 32708. A majority of the committee may designate a
representative to act for it. In the event of death or resignation of any member of
the Committee, the remaining members shall have full authority to designate a
successor. a Chairman elected by the voting members and one (1) or more other volunteer positions as appointedby the Officers of the Association. Neither theThemembers of the Committee, nor its designated representativeshall notbe entitled to any compensation for services performedpursuant to this covenant. At any time, the then record owners of a majority of
the lots and property shall have the power through a duly recorded written
instrument, to change the membership of the Committee or to withdraw from the
Committee or restore to it any of its power and duties. At any time the then
owners of at least fifty-one percent (51%) of the lots and property may change
these covenants in whole or in part by executing written instruments making said
changes and have the same duly recorded in the Public Records of Seminole
County, Florida. However, any such amendment shall not apply to any lots or
property owned by Developer unless Developer has joined in said amendment. / (check one box)
□I accept these changes as written.
□I reject these changes. I want to keep the present wording.
ARTICLE l –DEFINITIONS AND CONSTRUCTION
SECTION 1. "Association" means Pickett Downs Homeowner's Association, Inc., a corporation not for profit organized pursuant to Chapter 617 Florida Statutes, its successors and/or assigns. It being the intent and understanding that there may be a
subsequent Homeowner's Association for the respective units of Pickett Downs and accordingly, at the direction and/or assignment of parent homeowner's association, to wit Pickett Down Homeowner's Association, Inc. these articles of incorporation shall apply. / SECTION 1. "Association" means Pickett Downs Homeowner's Association,
Inc., a corporation not for profit organized pursuant to Chapter 617720Florida Statutes, its
successors and/or assigns. It being the intent and understanding that there may be a subsequent Homeowner's Association for the respective units of Pickett Downs and accordingly, at the direction and/or assignment of parent homeowner's association, to wit Pickett Down Homeowner's Association, Inc. these articles of incorporation shall apply. / (check one box)
□I accept these changes as written.
□I reject these changes. I want to keep the present wording.
ARTICLE lV- COVENANT FOR ASSESSMENTS
SECTION 7. Date of Commencement of Annual Assessments. The annual assessments provided for herein shall commence on January 1, 1986. / SECTION 7. Date of Commencement of Annual Assessments. The annual assessments provided for herein shall commence on January 1, 1986, and cover the calendar year, from January 1st through December 31st. The Annual Assessment will be due March 1st. / (check one box)
□I accept these changes as written.
□I reject these changes. I want to keep the present wording.
SECTION 9. Effect of Nonpayment of Assessments. Remedies of the
Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the premises or abandonment of his Lot. A suit to recover a money judgment for unpaid assessments hereunder shall be maintainable without foreclosing or waiving the lien securing the same. / SECTION 9. Effect of Nonpayment of Assessments. Remedies of the
Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of tentwelve percent (1012%) per annum, plus a late fee of $15.00 to cover expenses accrued by the Association in the collection of the monies.The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the premises or abandonment of his Lot. A suit to recover a money judgment for unpaid assessments hereunder shall be maintainable without foreclosing or waiving the lien securing the same. / (check one box)
□I accept these changes as written.
□I reject these changes. I want to keep the present wording.

Covenant & Restrictions Proposed Changes – Annual Meeting – January 22, 2018