DECLARATION OF COVENANTS OF WATERFORD SUBDIVISION

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Section 11 - Duration and Amendments

11.01 Duration. The covenants and restrictions of this Declaration shall run with and bind each Lot and shall inure to the benefit of and be enforceable by the Association, any Multi-Family Association, or any Lot Owner or Unit Owner their respective legal representatives, heirs, successors and assigns for a term of twenty-five (25) years from the date of this Declaration. Thereafter this Declaration shall automatically be extended for successive periods of ten (10) years unless an instrument is placed of record containing certified resolutions of the Association and each Multi-Family Association certifying that two-thirds (2/3rds) of the members of each Association have voted to terminate this Declaration. Invalidation of any part of the restrictions herein contained shall not invalidate the remaining restrictions which shall remain in full force and effect.

11.02 Amendments. This Declaration may be amended as follows:

A. During the Development Period, declarant reserves the right to amend this Declaration without the consent of Lot Owners, Unit Owners or Multi-Family Parcel owners. Such amendments may be made by Declarant without the Consent of Institutional Lenders, if such amendments do not amend Sections 9.03, 9.05 or 9.09 of this Declaration. Such amendment shall be effective when the amendment is signed by Declarant and a signed copy thereof recorded in the Public Records of Broward County, Florida.
B. After the termination of the Development Period, the Association may amend Sections 3.04 through 3.13 and Sections B and 9 of the Declaration without the joinder of any Institutional Lender if such amendments do not amend Sections of this Declaration specified in Paragraph A. The proposed amendment shall be sent to each Lot Owner by the Association in accordance with its Bylaws, considered at a Member's meeting duly called in accordance with the Bylaws and approved by not less than fifty-one (51%) percent of all of the Members of the Association at such duly called meeting. An amendment of this Declaration as to the above Sections by the Association shall be effective when a written instrument is filed in the Public Records of Broward County, Florida. Such written instrument shall contain the amendment and a certificate signed by the President and Secretary of the Association certifying that fifty-one (51%) percent of the r4embers of the Association approved the amendment at a duly called meeting. Such amendment shall become effective when the properly executed amendment and certificate are recorded in the Public Records of Broward County, Florida.
C. Except for the Sections described in Paragraph B. above, all other Sections of the Declaration may be amended without joinder of an Institutional Lender, provided that Section 9.09 of the Declaration is not amended as provided for in this Paragraph C. The proposed amendment shall be sent to each Lot Owner and Unit Owner in accordance with the provision of the respective Bylaws of the Association and each Multi-Family Association, considered by the Members of each of those Associations at a meeting duly called in accordance with the Bylaws of those Associations, and approved by not less than sixty-six and two-thirds (66-2/3%) percent of the total Membership of each of those Associations. Such amendment shall become effective when the properly executed amendment and certificate by the President and Secretary of each of those Associations certifying that sixty-six and two-thirds (66-2/3%) percent of the total Membership of each Association approved the amendment at a meeting duly called in accordance with the respective Bylaws of each of those Associations are recorded in the Public Records of Broward County, Florida.

Purpose and Definitions
Jurisdiction
Architectural and Construction Restrictions
Use Restrictions
Exterior Maintenance
Common Easements
Lake Parcels and Park Parcel
The Association
Assessments
Enforcement
Duration and Amendments
Severability

NOTE: Upon "closing," each new owner should have received a document called "DECLARATION OF COVENANTS OF WATERFORD SUBDIVISION." This scanned and typed copy of selected sections of the Covenants is not meant to replace that document, or the BY-LAWS, which govern the Association election process. It is provided here simply as a convenient reference for "Frequently Asked Questions" regarding typical homeowner issues. This is not a legal document, and neither the Association nor the editor bear any liability for errors. If you do not find the information you seek, you are urged to contact one of your Association Board members, or consult your own hard copy.

www.ivanhoe-waterford.com © 1997 Pete LaMoia