Covenants and Rules

COMMODORE'S CLUB
DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
AND RULES

[NOTE: The following is a copy of the text of the Declaration of Covenants, Conditions, Restrictions, and Easements of Commodore's Club, as amended. It was prepared by the Association for the information and use of its Members.  Signatures and acknowledgments have not been reproduced. The official texts of the Covenants and amendments are recorded and on file at the St. John's County Court House, but the original text and the amendments are not integrated as they are in this copy.  In the unlikely event of a substantive discrepancy between this copy and the recorded text, the latter will of course control. This copy did not indicate which provisions have been amended or the nature of the amendments up until this version when end notes were used to annotate recently added text. Information was provided to Members when the amendments were adopted. Members who have not received it, may obtain that information at the Court House, the St. Johns County Clerk of Courts website http://www.clk.co.st-johns.fl.us/, or from the property manager. A short index is attached following the text of the Covenants.

This copy of the Declaration is supplemented by copies of the rules that have been adopted by the Board of Directors pursuant to Article V, Section 2(b)(i) and Article VI, Sec. 14 of the Declaration. They are shown in lightface Courier type. Example: Rule V-1-1 All deviations authorized by the ARB...

This copy of the Declaration is also supplemented by clearly identified "Directors Notes" that (1) provide information clarifying certain provisions of the Covenants and (2) bring to the reader's attention certain provisions of the Florida statute on homeowners' associations that are of special relevance. These notes do not purport to cover all or most provisions of the statute.  Those who wish to study the Florida law on homeowners' associations should consult Chapter 720 (Secs. 720.301 through 720.407), Florida Statutes. The Florida Statutes (a Code or compilation of Florida laws) are available at the public library or on the internet.  Be sure that you are looking at the most recent edition.  For example, the 2004 edition will not include laws enacted during the 2004 legislative session.  Those laws will be included in the 2005 edition. To check on amendments made during the current legislative session (e.g., 2004), check the Florida session laws on the internet.

Click here to view the Florida Statutes relating to homeowners' associations. Notice that this link defaults to the 2004 version of the statutes. If you wish to see the statutes from a previous year, use the "Select Year" box at the top of the page.

To view current session laws on the internet go to the web address http://www.leg.state.fl.us.  Click on  the "Laws" icon. Click on "Laws of Florida".  If you don't know the session law chapter number of the enactment you are looking for, click on "Index." If you do know the chapter number, click on "Summaries of General Laws" for the current legislative session.  If you used the index, press the back button and click on "Summaries of General Laws" for the current legislative session. Click on the relevant session law chapter number(s) to view the full text of the law(s).

To view Commodore's Club Homeowners' Association Inc. Covenants as filed with St. Johns County Clerk of Courts, go to the web address http://www.clk.co.st-johns.fl.us/. Click on "Official Records Index.."  Accept the Disclaimer. Type "Commodores Club" in the Name field. Click on "Search Records." Scroll down and/or Page to the document of interest. The original Covenants document is Instrument #9115635 , Book 898, Page 0778. The first Supplement and Amendment to our Covenants is Instrument #95011457, Book 1105, Page 1030. The second Amendment to our Covenants is Instrument #97025354, Book 1252, Page 284. Click on the Name of the Document you wish to view. Click on "View Image." It will take some time to download the PDF file.]


THIS DECLARATION, made on the date hereinafter set forth by JOHN D. BAILEY, SR. AND MARGARET B. BAILEY his wife, and RUNK PROPERTIES, INC. (hereinafter referred to collectively as "Declarant").

WITNESSETH:

WHEREAS, Declarant is the owner of certain property in St. Augustine, County of St. John's, State of Florida, which is more particularly described on Exhibit A attached hereto and made a part hereof. ("The Property")

WHEREAS, Declarant desires to provide for the orderly development of the Property so as to promote the well being of the residents and the value of the Property.

NOW, THEREFORE, Declarant hereby declares that all of the Property described herein shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

FURTHER PROVIDED that Declarant deems it desirable to create a not-for-profit association to manage the Property.  The Association, as hereinafter defined, shall own, operate, maintain and administer all the Common Property, as hereinafter defined, and shall administer and enforce the covenants, conditions, restrictions and limitations set forth herein.  The Association shall enforce the easements created herein and collect and disburse the assessments hereinafter created.

[Clicking on an article title below will display the article.]

ARTICLE I: DEFINITIONS

ARTICLE II: PROPERTY RIGHTS

ARTICLE III: MEMBERSHIP AND VOTING RIGHTS

ARTICLE IV: COVENANT FOR MAINTENANCE ASSESSMENTS

ARTICLE V: ARCHITECTURAL CONTROL

ARTICLE VI: USE RESTRICTIONS

ARTICLE VII: RIGHTS OF MORTGAGEES

ARTICLE VIII: ANNEXATION OF PROPERTY

ARTICLE IX: INSURANCE AND RECONSTRUCTION

ARTICLE X: EASEMENTS

ARTICLE XI: LAKE AND WATER RIGHTS

ARTICLE XII: GENERAL PROVISIONS

EXHIBIT "A"

INDEX TO COVENANTS

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