District Declaration definition
Examples of District Declaration in a sentence
At such time as District Declarant no longer owns any property which is subject to this District Declaration or which can be annexed to the District Property, or at such earlier time as District Declarant in its sole discretion may determine, the rights reserved to District Declarant in this section shall become rights of the District Association, to be exercised by its Board of Directors.
The District Association shall also maintain and keep in good repair such portions of any additional property not included within the Area of Common Responsibility as may be dictated by this District Declaration, or by a contract or agreement for maintenance thereof by the District Association or by a governmental entity or agency.
In the event that a provision of this District Declaration provides that it shall apply only to a Neighborhood or phase of the District Property, then such specific provision, amendment or supplement shall control in the event of a conflict with any provision of the District Declaration that would otherwise apply uniformly throughout the District Property.
The Community Association is hereby authorized and empowered, but shall not be obligated so to act, to enforce the covenants, conditions and restrictions of the District Declaration or deed restrictions pertaining to the District Property, and shall have a reasonable right of entry for purposes thereof, provided however, the Community Association shall so notify the owner of such portion of the District Property in noncompliance, at its last known address, of such noncompliance.
All provisions of the District Declaration and of any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners, shall also apply to all occupants of any portion of the District Property.
This District Declaration may be amended by a majority of the Board of Directors adopting a resolution setting forth the proposed amendment, if such proposed amendment is approved by the affirmative vote (in person or by proxy) or written consent, or any combination thereof, of two-thirds of the total votes of the District Association.
This Article shall not be amended without the written consent of District Declarant, unless District Declarant no longer owns any land which is subject to the District Declaration or subject to annexation to the District Declaration.
The covenants, conditions, easements, reservations and restrictions set forth in this District Declaration shall be presumed to apply uniformly throughout the District Property unless the relevant provision of the District Declaration specifically provides that it shall apply only to a Neighborhood or phase of the District Property as identified therein.
Such annexation shall be accomplished by filing in the public records of Brevard County, Florida an Annexation Agreement annexing such property so as to become part of the District Property and Exhibit “A”, thereby submitting same to the terms of the District Declaration, which Annexation Agreement shall include the written consent of the Community Declarant thereto.
In addition, the District Association or the Community Association may impose per diem penalties for failure to comply with this District Declaration and associated documents after notice of such noncompliance and the elapsing of a stated time period within which to cure such noncompliance as further provided in the Bylaws, with each day during which such noncompliance continues being considered a separate violation of the terms hereof.