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INSTR i
25624-39
OR BK 2S39 PG 1153
(8 Pas)
RECORDED 03/10/20U 02:18:22 F'H
CAROLYN T11111 ANN
MARTIN COUNTY CLERK
Record and Return to:
Jane L. Comett
Becker & Poliakoff, P.A.
401 SE Osceola Street
Stuart, FL 34994
=THIS SPACE FOR RECORDER'S USE=
CERTIFICATE OF AMENDMENT
TO THE
AMENDED AND RESTATED
DECLARATION OF COVENANTS AND RESTRICTIONS OF
MARINER VILLAGE
The Amended and Restated Declaration of Covenants and Restrictions for Mariner Village is
recorded in the Public Records of Martin County, Florida, at Official Records Book 1984, Page
472 et.seq. The same Amended and Restated Declaration of Covenants and Restrictions is
hereby amended as approved by the members at the Annual Meeting held on December 17,
2015, and reconvened at the Special Members' Meeting held on February 3, 2016.
Section 5, Subsections 5.1.1, 5.2, 5.3, 5.6, 5.7 and 5.8 are amended as follows:
5.
USE RESTRICTIONS
5.1.1. Roofs. Unless otherwise approved by the ASSOCIATION, all
roofs shall be constructed of barrel cement tile, or barrel style metal. All roofing must meet
requirements and specifications set out in the Architectural Guidelines and Rules and
Regulations of the ASSOCIATION. In the event some new, attractive material for roofing is
developed, the ASSOCIATION may in its sole discretion approve the use of such material, and
provided further that nothing herein shall preclude the installation of skylights or solar energy
devices if in the sole judgment of the ASSOCIATION same does not detract from the
appearance of the UNIT.
No Trade or Business. No trade, business, profession, or commercial
5.2.
activity, or any other nonresidential use, shall be conducted upon any portion of the SUBJECT
PROPERTY or within any LOT or UNIT, except that an OWNER or occupant residing in a Unit
may conduct business activities within the UNIT so long as (a) the existence or operation of the
business activity is not apparent or detectable by sight, sound, or smell from outside the UNIT;
(b) the business activity conforms to all zoning requirements for the SUBJECT PROPERTY; (c)
the business activity does not involve persons coming onto the SUBJECT PROPERTY who do
not reside in the SUBJECT PROPERTY; (d) the business activity does not involve door-to-door
solicitation of residents of the SUBJECT PROPERTY; and (e) the business activity is consistent
with the residential character of the SUBJECT PROPERTY and does not constitute a nuisance or
a hazardous or offensive use or threaten the security or safety of other residents of the SUBJECT
PROPERTY, as may be determined in the sole discretion of the BOARD. The foregoing shall
not prohibit any OWNER from leasing his UNIT.
5.3. Leases. No OWNER may lease a UNIT during the first 12 months of
ownership, measured from the date of recordation of the most recent instrument conveying any
interest in title to the UNIT. All leases of a UNIT must be in writing and specifically state that
lessees are subject to this DECLARATION, the ARTICLES and the BYLAWS. No lease shall
be for a period of less than 1 year, and no UNIT shall be leased more than once in any 12 month
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period, without the consent of the ASSOCIATION which may only be granted on a showing of
good cause by OWNER. OWNER must obtain and complete a copy of all Rental Information
Sheets, Acknowledgements and/or related forms required by the ASSOCIATION. It is the
obligation of OWNER to supply the ASSOCIATION with a copy of the lease and the completed
forms required by the ASSOCIATION prior to the lessee occupying the premises. In the event
the lease is in the name of a corporation, trust, or other business entity, the name of the
individual(s) signing the lease shall be deemed the lessee/occupant of the UNIT for purposes of
this section.
OWNER may not lease a room or a portion of a unit and no transient tenants may
be accommodated.
(Subsections 5.4 and 5.5 are unchanged)
5.6.
Garbage and Trash. Each OWNER shall regularly pick up all garbage,
trash, refuse or rubbish on the OWNER'S LOT, and no OWNER or resident shall place or dump
any garbage, trash, refuse, rubbish, or other materials on any other portions of the SUBJECT
PROPERTY, including any COMMON AREA, or any property contiguous to the SUBJECT
PROPERTY. Garbage, trash, landscape refuse or rubbish that is required to be placed at the
front of the LOT in order to be collected may be placed and kept at the front of the LOT after
5:00 p.m. on the day before the scheduled day of collection, and any trash facilities must be
removed on the collection day. All garbage, trash, refuse or rubbish must be placed in
appropriate trash cans or containers designed for that purpose. All containers, dumpsters or
garbage facilities shall be stored inside a UNIT or fenced-in area and screened from view and
kept in a clean and sanitary condition. Notwithstanding the above, the ASSOCIATION may
permit the temporary storage of dumpsters or other trash facilities in the driveway of the UNIT in
the case of ongoing LOT or UNIT improvements or in the event of an emergency. No noxious
or offensive odors shall be permitted.
5.7 Vehicles and Boats. Only those vehicles manufactured and used as private
passenger vehicles may be parked within the SUBJECT PROPERTY overnight without the prior
written consent of the ASSOCIATION, unless kept within an enclosed garage. For purposes of
this section, private passenger vehicles shall be defined as:
a. Automobiles;
b. Sport Utility Vehicles and passenger vans with side windows and
seating for a minimum of four (4) persons not exceeding Federal DOT Class 2A Gross Vehicle
Weight Rating (8500 pounds) and not exceeding 230" in overall length and 80" in overall height;
c. Pickup trucks not exceeding Federal DOT Class 2A Gross Vehicle
Weight Rating ( 8500 pounds) and not exceeding 230" in overall length and 80" in overall
height.
In particular and without limitation, without the prior written consent of the
ASSOCIATION, no vehicle which has been altered to feature a nonstandard body, no vehicles
containing commercial lettering, signs or equipment, and no truck, recreational vehicle, camper,
trailer, or vehicle other than a private passenger vehicle as specified above, and no boat, may be
parked or stored outside of a UNIT overnight. No overnight parking is permitted on any streets,
lawns, or areas other than driveways and garages, without the consent of the ASSOCIATION.
No vehicle parked on a driveway may extend beyond the driveway apron into the concrete swale
or street.
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Notwithstanding the foregoing, automobiles owned by governmental law enforcement
agencies are expressly permitted. The foregoing restrictions shall not be deemed to prohibit
temporary parking of commercial vehicles while making delivery to or from, or while used in
connection with providing services to, the SUBJECT PROPERTY. All vehicles parked within
the SUBJECT PROPERTY must be in good condition and repair, and no vehicle which does not
contain a currant license plate or which cannot operate on its own power shall be parked within
the SUBJECT PROPERTY outside of an enclosed garage for more than 24 hours, and no major
repair of any vehicle shall be made on the SUBJECT PROPERTY. No motor vehicle,
motorcycle, motorbike, moped, all-terrain vehicle, or other such vehicle is permitted to be
operated within the SUBJECT PROPERTY unless such vehicle is licensed for street use and
equipped with appropriate noise-muffling equipment so that its operation does not create an
annoyance to the residents of the SUBJECT PROPERTY, and if the ASSOCIATION determines
the operation of any such vehicle creates an annoyance to the residents of the SUBJECT
PROPERTY, then after written demand from the ASSOCIATION, the vehicle shall not be
operated within the SUBJECT PROPERTY.
Pets. No animals, livestock or poultry of any kind shall be permitted
5.8.
within the SUBJECT PROPERTY; provided however that a total of two (2) dogs, cats and other
common household domestic pets may be kept in the UNIT if their presence causes no
disturbance to others. Any pet must be carried or kept on a leash when outside of a UNIT or
fenced-in area. Any pet must not be an unreasonable nuisance or annoyance to other residents of
the SUBJECT PROPERTY. Any resident shall immediately pick up and remove any solid
animal waste deposited by his pet on the SUBJECT PROPERTY, including designated pet-walk
areas, if any. No commercial breeding of pets is permitted within the SUBJECT PROPERTY.
The ASSOCIATION may require any pet to be immediately and permanently removed from the
SUBJECT PROPERTY due to a violation of this paragraph.
2.
Section 8, Subsections 8.1.6, 8.1.10, 8.2 and 8.3 are amended as follows:
8.
DEFAULT.
8.1.
Monetary Defaults and Collection of Assessments.
8.1.6. Liability for Unpaid Assessments.
(a). A LOT OWNER, regardless of how his or her title to property has been acquired,
including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all
ASSESSMENTS that come due while he or she is the OWNER. The OWNER'S liability for
ASSESSMENTS may not be avoided by waiver or suspension of the use or enjoyment of any
common area or by abandonment of the LOT upon which the ASSESSMENTS are made.
(b). An OWNER is jointly and severally liable with the previous OWNER for all
unpaid ASSESSMENTS that came due up to the time of transfer of title. This liability is without
prejudice to any right the present OWNER may have to recover any amounts paid by the present
OWNER from the previous OWNER. For the purposes of this paragraph, the term "previous
OWNER" shall not include an ASSOCIATION that acquires title to a delinquent property
through foreclosure or by deed in lieu of foreclosure. The present OWNER'S liability for unpaid
ASSESSMENTS is limited to any unpaid ASSESSMENTS that accrued before the
ASSOCIATION acquired title to the delinquent property through foreclosure or by deed in lieu
of foreclosure.
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(c). Notwithstanding anything to the contrary contained in this section, the liability of a
first mortgagee, or its successor or assignee as a subsequent holder of the first mortgage who
acquires title to a LOT by foreclosure or by deed in lieu of foreclosure for the unpaid
ASSESSMENTS that became due before the mortgagee's acquisition of title, shall be the lesser
of:
1. The LOT's unpaid common expenses and regular periodic or special
ASSESSMENTS that accrued or came due during the 12 months immediately preceding the
acquisition of title and for which payment in full has not been received by the ASSOCIATION;
or
2. One percent of the original mortgage debt.
8.1.10. Suspension. If an OWNER is more than 90 days delinquent in
paying any monetary obligation due to the ASSOCIATION, a majority of the BOARD present at
a properly noticed BOARD meeting may suspend the rights of the OWNER, or the OWNER'S
tenant, guest or invitee, to use common recreation areas and facilities until the monetary
obligation is paid in full. The notice and hearing requirements of Subsection 8.2 below do not
apply to a suspension imposed under this subsection.
Non-Monetary Defaults. In the event of a violation by any OWNER or
8.2.
any tenant of an OWNER, or any person residing with them, or their guests or invitees, (other
than the non-payment of any ASSESSMENT or other moneys) or any of the provisions of this
DECLARATION, the ARTICLES, the BYLAWS or the Rules and Regulations of the
ASSOCIATION, the ASSOCIATION shall notify the OWNER and any tenant of the OWNER
of the violation, by written notice. If such violation is not cured as soon as practicable and in any
event within seven (7) days after such written notice, or if the violation is not capable of being
cured within such seven (7) day period, if the OWNER or tenant fails to commence and
diligently proceed to completely cure such violation as soon as practicable within seven (7) days
after written notice by the ASSOCIATION, or if any similar violation is thereafter repeated, the
ASSOCIATION may, at its option:
Paragraph 8.3; and/or
8.2.1. Impose a fine against the OWNER or tenant as provided in
8.2.2. Suspend the right of an OWNER, or an OWNER'S tenant, guest or
invitee, to use common recreation areas and facilities. All suspensions must be approved by a
majority of the BOARD at a properly called meeting and are subject to Paragraph 8.3 below;
8.2.3. Commence an action to enforce the performance on the part of the
OWNER or tenant, or for such equitable relief as may be necessary under the circumstances,
including injunctive relief; and/or
8.2.4. Commence an action to recover damages; and/or
8.2.5. Take any and all actions reasonable necessary to correct such
failure, which action may include, where applicable, but is not limited to, removing any addition,
alteration, improvement or change which has not been approved by the ASSOCIATION, or
performing any maintenance required to be performed by this DECLARATION.
All expenses incurred by the ASSOCIATION in connection with the correction of any
failure, plus a service charge of ten (10%) percent of such expenses, and all expenses incurred by
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the ASSOCIATION IN CONNECTION with any legal proceedings to enforce this
DECLARATION, including reasonable attorneys' fees whether or not incurred in legal
proceedings shall be assessed against the applicable OWNER, and shall be due upon written
demand by the ASSOCIATION. The ASSOCIATION shall have a lien for any such
ASSESSMENT and any interest, costs or expenses associated therewith, including attorneys'
fees incurred in connection with such ASSESSMENT, and may take such action to collect such
ASSESSMENT or foreclose said lien as in the case and in the manner of any other
ASSESSMENT as provided above. Any such lien shall only be effective from and after the
recording of a claim of lien in the public records of the County in which the SUBJECT
PROPERTY is located.
Fines. The ASSOCIATION may levy fines against any OWNER or any
8.3.
OWNER'S tenant, guest or invitee for the failure of the OWNER of the UNIT or its occupant or
invitee to comply with any provision of the Declaration, the Bylaws, or rules of the
ASSOCIATION. The amount of any fine shall be determined by the BOARD and shall not
exceed $100.00 per violation. A fine may be levied on the basis of each day of a continuing
violation, with a single notice and opportunity for hearing. Fines that are levied on a daily basis
shall not exceed $100.00 per day for any one violation and may continue until the violation is
cured to a maximum amount of $5000.00. A fine or suspension may not be imposed without
notice of at least 14 days to the person sought to be fined and an opportunity for a hearing before
a Committee of at least three members appointed by the BOARD who are not officers, directors,
or employees of the ASSOCIATION, or the spouse, parent, child, brother, or sister of an officer,
director, or employee. The notice shall include (i) a statement of the provisions of the
DECLARATION, BYLAWS or Rules and Regulations which have allegedly been violated, and
(ii) a short and plain statement of the matters asserted by the ASSOCIATION. At the hearing,
the OWNER shall have an opportunity to respond, to present evidence, and to provide written
and oral argument on all issues involved and shall have an opportunity at the hearing to review,
challenge and respond to any material considered by the ASSOCIATION. If the committee, by
majority vote, does not approve a proposed fine or suspension, it may not be imposed. The role
of the committee is limited to determining whether to confirm or reject the fine or suspension
levied by the BOARD. If the BOARD imposes a fine or suspension, the ASSOCIATION must
provide written notice of such fine or suspension by mail or hand delivery to the parcel owner
and, if applicable, to any tenant, licensee, or invitee of the parcel owner. Any fine imposed by the
BOARD shall be due and payable within ten (10) days after written notice of the Committee's
decision at the hearing. Any fine levied against an OWNER shall be deemed an ASSESSMENT
and if not paid when due all of the provisions of this DECLARATION relating to the late
payment of ASSESSMENTS shall be applicable, except that a fine of less than $1000.00 shall
not become a lien against a parcel.
3.
The foregoing amendments to the Amended and Restated Declaration of Covenants and
Restrictions were adopted by the members by a vote sufficient for approval.
All provisions of the Amended and Restated Declaration of Covenants and Restrictions
are herein confirmed and shall remain in full force and effect, except as specifically amended
herein.
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IN WITNESS WHEREOF, the undersigned has caused these presents to be signed in its name by its
President, its Secretary and its corporate seal affixed this fl day of
2016.
WITNESSES:
Mariner Village Property Owners
Assocklion, Inc.
By:
Edward Kotch, President
Witness#! Signature
feg-t-Vv
Witness #1 Printed Name
Witness #2 Signature
i-t-T /*>-*.
Witness #2 Printed Name
A—
Trudy Acheabach, Secretary
Witness#! Signature
^j 2?g4V> (S&\ /~\
Witness #1 Printed Name
Witness #2 Signature
Corporate Seal
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF MARTIN
The foregoing instrument was acknowledged before me this
day of
2016 by Edward Kotch as President of Mariner Village Property Owners Association, Inc., [y]
who is personally known to me or [ ] who has produced identification [Type of Identification:
Notary Public
Print Name
Notary Seal
Fi
t
MICHELE LOEFFLER
1,1 Notary PuWI? - SUM of Florida
nf My Coniffl. Explrn Jul 28.2018
*
CommlMlon # FF108583
Book2839/Page1158
CFN#2562439
'
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6
Page 6 of 8
STATE OF FLORIDA
COUNTY OF MARTIN
The foregoing instrument was acknowledged before me this \""1 day of V~gJQ(Vj)GLA^i ,
2016 by Trudy Achenbach as Secretary of Mariner Village Property Owners Association, In<L, [
"^who is persnnallv known to me or [ ] who has produced identification [Type of Identification:
•* *
i
]-:•(;
1
WCHELE LOEFFLER
Noury PuWic - SUtt of Florida
Notary Public
Commission Stamp/Seal:
My Comni
J«l 2S. 2011
C««^»tofl#FF 1085.3
v
CERTIFICATE
Mariner Village Property Owners Association, Inc., by its duly authorized officers, hereby
certifies that the amendments to the Amended and Restated Declaration of Covenants and
Restrictions, a copy of which is attached hereto, were duly and regularly approved by the
members at the Annual Meeting held on December 17, 2015 and reconvened at the Special
Members' Meeting held on February 3, 2016.
IN WITNESS WHEREOF, the undersigned has caused these^presents to be signed in its name by
,2016.
its President, its Secretary and its corporate seal affixed this \ 1 day of r^iotVv
Mariner Village Property Owners
Association, Inc.
WITNESSES:
"•AuMy
By:
Edward Kotch, President
Witness#! Signature
Witness#! Printed Name
Witness #2 Signature
i
-.J
Witness #2 Printed Name
Bv: sJftr J J sJt J /IfJsasytJxsi jrJ,
Trudy Achenbach, Secretary
Witness#! Signature
(2o ;.^
Witness #1 Printed Name
7
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Page 7 of 8
Witness #2 Signature
Corporate Seal
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF MARTIN
The foregoing instrument was acknowledged before me thislH day of
22.1 "fry FH Ufnr(i Kntrh nn Prft;ir1fnt^f Mariner Village Property Owners Association, Inc., [ Vj
who is personally known to me QT-W ] who has produced identification [Type of Identification:
^
• • •
MICHELE LOEFFLER
Notary Publi
Print Name
:*C iA>n.:
.| Notary Public - State of FlorMa
J
Noltl
My Comm. Expires Jul 28,2018
Cofflinlifioii # FF10SSI3
STATE OF FLORIDA
COUNTY OF MARTIN
The foregoing instrument was acknowledged before me this i^\ day of V^JOCQOL-A-^
2016 by Trudy Achenbach as Secretary of Mariner Village Property Owners Association, Inc., [
^^-^j-WRols personally known to me or]) ] who has produced identification [Type of Identification:
Notary Public
Commission Stamp/Seal:
Notary Seal
1
IMCHELE LOEFFLER
fSTs Notary PUMic • State ol FlorMa
My Comm. Expires Jul 28.2018
Commlss,on
*
108583
/ w w
ACTIVE: M18336/338728:8160431 1
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