NOTE: These are the covenants as transcribed, any errors are the web masters fault. Please consult your originals for the correct and legal language.
DECLARATION OF COVENANTS FOR
CHATEAUX SUR MER SUBDIVISION
Chateaux Sur Mer Subdivision is located in Sanibel. Lee County, Florida. The subdivision was established by Deeds recorded in Official Records Book 536, Page 738, and Official Records Book 696, Page 851, of the Public Records of Lee County, Florida. The subdivision consists of seventy-one (71) lots located in Blocks A, B, C, and D.
The Chateaux Sur Mer Improvement Association, Inc., a Florida not for profit corporation, was incorporated in 1968, and holds title to the roads, bayous, lakes, canals, and walkway easements located within the subdivision under Deeds recorded in Official Records Book 2704, Page 4294; Official Records Book 2572, Page 3409; Official Records Book 2329, Page 2678; Offical Records Book 1116, Page 712, and Offical Records Book 1069. Page 1763, Public Records of Lee County, Florida.
Since its incorporation, the Association has undertaken the maintenance and insurance of the Association's above described properties, which properties are of common benefit to each of the individual lot owners in the subdivision. The lot ownershave heretofore paid assessments imposed by the Association for such maintenance and insurance. The undersigned lot owners now wish to formally establish these covenants to empower the Association with the ability to asses the lot owners for each lot owners proportionate share of the expenses associated with the activities of the Association for the common benefit of the lot owners within the subdivision.
NOW, WHEREFORE, the undersigned lot owners within the subdivision, for the purpose of enhancing and protecting the value, attractiveness and desirability of the subdivision, declare that all of the real property, described above and each part thereof shall be held, sold and conveyed only subject to the following covenants and conditions, which shall constitute covenants running with the land and which shall be binding on all parties having any right, title or interest in the above described property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I - DEFINITION
1.1 "Association" shall mean and refer to the Chateaux Sur Mer Improvement Association, Inc., A Florida not-for-profit corporation, its successors and assigns.
1.2 "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners. The common area owned by the Association includes, but is not limited to, the roads, bayous, lakes, canals and walkway easements located within the subdivision.
1.3 "Unit" shall mean one lot shown on the recorded plats for Chateaux Sue Mer. There are seventy-two (72) lots shown on the recorded plats for Chateaux Sur Mer.
1.4 "Maintenance" shall mean the exercise of reasonable care to keep the common areas in a condition comparable to the condition as it exists at the time of the recording of this Declaration.
1.5 "Member" shall mean every person or entity who owns a Unit within the subdivision and has joined in this Declaration.
1.6 "Unit Owner" shall mean the record owner, whether one or more persons or entities, of fee simple title to any Unit which is part of Chateaux Sur Mer.
1.7 "Subdivision" shall mean the real property herein described known as Chateaux Sur Mer, and such additions thereto as may be brought from time to time within the jurisdiction of the Association as herein provided.
ARTICLE II - MEMBERSHIP AND ASSOCIATION VOTING RIGHTS
2.1 Every Unit Owner who has joined in this Declaration shall be a Member of the Association. Membership in the Association shall be appurtenant to and may not be separated from ownership of a Unit.
2.2 Each Member of the Association shall be entitled to cast one vote for each Unit owned, either in person or by proxy at all annual and special meetings of the Association. When more than one person or entity holds an interest in a particular Unit, all such persons shall be Members and the vote for such Unit shall be exercised by one representative as they may determine among themselves.
ARTICLE III - ASSESSMENTS
3.1 Each Member who has joined in this Declaration, their successors and/or assigns to the title os such Unit s hereby deemed to covenant by virtue of such ownership of such Unit, whether or not it shall be so expressed in the Deed to pay to the Association:
a. Annual assessments, and
b. Special assessments for capital improvements.
Such assessments will be established and collected as herein provided. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, if necessary, shall be a charge on each Unit owned by a Member and a continuing lien on each Unit owned by a Member against which such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, if necessary, shall also be the personal obligation of the Member (jointly and severally if more than one) who own the Unit at such time the assessment fell due. Such personal obligation shall not pass to the successors in title of such person or persons or entities unless expressly assumed by them.
3.2 The annual assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the residents in the Subdivision, and for the improvement and maintenance of the Common Areas situated within the Subdivision. Annual assessments shall include, and the Association may acquire and pay for out of the funds derived from annual assessments for the following:
a. Maintenance and repair of the Common Area.
b. Liability insurance insuring the Association against any and all liability to the public, to any Unit Owner, or to the invitees or tenants of any Unit Owner arising out of their occupation and/or use of the Common Area. The policy limit shall be set by the Association, and shall be reviewed at least annually and increased or decreased in the discretion of the Association.
c. A standard fidelity bond covering all Members of the Board of Directors of the Association and all other employees of the Association n an amount to be determined by the Board of Directors.
d. Any other items, including but not limited to, materials, supplies, labor, services, maintenance, repairs, alterations, insurance, taxes, or other charges which the Association is required to secure or pay pursuant to the terms of this Declaration or by law, or which shall be necessary or proper in the opinion of the Board of Directors of the Association for the operation of the common areas for the benefit of the Unit Owners, or the enforcement of this Declaration.
3.3 Until the expiration of one year or the following the recording of this Declaration, the maximum annual assessment for each Unit owned by a Member shall be $750.00. From and after one year following the recording of this Declaration, the maximum annual assessment against each Unit owned by a Member may be increased by not more than 10% above the maximum assessment for the previous year without the affirmative vote of a majority of the Members. The Board of Directors of the Association may fix the annual assessment in an amount not in excess of the maximum amounts provided in this paragraph.
3.4 In addition to the annual assessments authorized above, the Association may levy against each Unit owned by a Member in any assessment year a special assessment (applicable to that year only) for the purpose of defraying, and holding in part the cost of any construction, re-construction, repair, replacement or extraordinary maintenance (e.g. hurricane clean up) of the Common Area or any capital improvement located thereon. Any such special assessment must be approved by a majority of the Members.
3.5 Written notice of any meeting called for the purpose of taking any action authorized by Section 3.3 or 3.4 above, shall be sent to all Members not less than ten (10) or more than thirty (30) days in advance of such meeting. In the event the proposed action is favored by a majority of the votes cast at such meeting, but less than the requisite majority of the Members, Members who are not present in person or by proxy may give their assent in writing within 30 days after the date of such meeting.
3.6 Both annual and special assessments must be fixed at a uniform rate for all Units owned by Members in the Subdivision.
3.7 The annual assessments provided for herein shall commence as to all Units owned by Members each April 1st. The Board of Directors shall fix the amount of the annual assessment against each Unit owned by a Member at least sixty (60) days in advance of the due date thereof. Assessments shall be payable in advance. Notice of the annual assessment shall be sent to every Member subject thereto at his address of record as provided by the Lee County Property Appraiser. The Association shall, on demand and for a reasonable charge, furnish a certificate signed by an officer of the Association, setting forth whether the assessment against a specific Unit owned by a Member has been paid.
3.8 Any assessment against a Unit owned by a Member not paid within ten (10) days after the due date thereof shall be deemed in default and shall bear interest from the due date at a rate of 18% per annum, The Association may foreclose the lien agains the Unit owned by such Member in the same manner as mortgages are foreclosed. No Member may waive or otherwise escape liability for the assessments provided herein by non use of the common area or abandonment of the Member's unit.
3.9 The assessment lien provided for herein shall be subordinate to the lien of any first mortgage. A sale or transfer of any Unit shall not affect the assessment lien. No sale or transfer shall relieve such Unit from liability for any assessment thereafter becoming due, or from the leon thereof.
ARTICLE IV - PROPERTY RIGHTS
4.1 Every Unit Owner shall have a right and easement of enjoyment in and to the Common Area, which right shall be appurtenant to and shall pass with the title to such Unit. Notwithstanding the foregoing, the Association reserves the right to dedicate or transfer all or any part of the Common Area to any municipality, public agency, authority or utility for such purposes and subject to such conditions as may be agreed on by the Members. No such dedication or transfer shall be effective unless an instrument executed by at least two-thirds (2/3) of the Members agree to such dedication or transfer has been duly recorded. Each Member shall use the Common Areas only for their intended purpose, and such use shall be subject to the right of each Unit Owner within the Subdivision to utilize the Common Area in keeping with their intended purpose.
ARTICLE V - USE RESTRICTIONS
The Units within the subdivision shall be occupied and used only as follows:
5.1 No business of any kind shall be conducted except by telephone, electronic devices or correspondent.
5.2 No sign of any kind shall be displayed at public view on a Unit without the written consent of the Association except customary name and address signs and standard real estate "for sale" signs no larger than 24 inches by 24 inches affixed to a common frame.
5.3 No animals, live stock or poultry of any kind shall be raised, bred or kept in any Unit. However, dogs, cats and other household pets may be kept on Unit subject to such Rules and Regulations as may be adopted by the Association, so long as they are not kept, bred or maintained for commercial purposes.
5.4 No rubbish, trash, garbage or other waste material shall be kept or permitted on any Unit except in sanitary containers located in appropriate areas and concealed from public view.
5.5 All construction shall comply with the Regulations promulgated by the City of Sanibel or other regulating governmental entity.
5.6 Recreational vehicles, motor homes, trailers or larger trucks, shall not be permitted on a Unit except for normal visiting hours. no outdoor storage or overnight parking of such vehicles shall be permitted without the prior written approval of the Association.
5.7 Boats, except canoes, kayaks and row boats, shall be stored in an enclosed garage.
ARTICLE VI - GENERAL PROVISIONS
6.1 The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter.
6.2 Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
6.3 Covenants and restrictions of this Declaration may be amended by recording an instrument executed and acknowledged by not less than seventy-five percent (75%) of the Members.
6.4 The covenants and restrictions of this Declaration shall run with and bind the land of the Members, and shall inure to the benefit of and be enforceable by the Association for a period of thirty (30) years from the date hereof, and thereafter shall continue automatically in effect for additional periods of five (5) years, unless otherwise agreed to in writing by at least seventy-five (75%) of the Members,
6.5 A true and correct copy of the Articles of Incorporation of the Association is attached hereto as Exhibit "A". A true and correct copy of the By-Laws of the Association is attached hereto as Exhibit "B". In the event of a conflict between the terms of this Declaration and the Articles or By-Laws, the terms of this Declaration shall control. In the event of a conflict between the terms of Articles of Incorporation and the By-Laws, the Articles shall control.
Dated: April 20, 2010
By-Laws of the Chateaux Sur Mer Improvement Association, Inc.
Revised and Adopted March 2013
supersedes All Previous By-Laws
ARTICLE 1 - Name And Location
Section 1: The name of this corporation shall be the CHATEAUX SUR MER IMPROVEMENT ASSOCIATION, INC.
Section 2: The principal office shall be located in Chateaux Sur Mer on Sanibel Island, Florida
Section 3: Other offices for the transaction of business shall be located at such other places as the Board of Directors may from time to time determine.
ARTICLE 2 - Nature and Purpose
Section 1: This Association as formed to protect and exercise the rights provided by the abstract of title to the property owners who constitute its membership to maintain and improve the residential character of Chateaux Sur Mer, to collet and administer assessments, and to promote cordial and friendly relationships among its members.
ARTICLE 3 - Membership
Section 1: Requirements for Membership
The membership of the Chateaux Sur Mer Improvement Association, Inc. (hereinafter called the "Association") shall consist of the owners or joint owners of each of the lots in Chateaux Sur Mer.
Section 2: Assessments
As directed in Article 3, Sections 3 and 4 of the Declarations of Covenants, Conditions and Restrictions the Board of Directors shall set the amount of the annual assessment. Special Assessments must be approved by a majority vote of the membership.
Section 3: Budget
The Board of Directors shall approve the Annual Budget of the Association.
Section 4: Non-Liability for Debts of the Association
The property of the membership shall be exempt from any liability for the debts of the Association and no member shall be individually liable or responsible for any debts or liabilities of the Association.
ARTICLE 4 - Meetings of Members
Section 1: Annual Meetings
The annual meeting of the Association will be held between January 1st and April 30th of each year. The Board of Directors will establish the place and date of the Annual Meeting. Failure to hold the Annual Meeting shall not constitute a forfeiture or dissolution of the Association.
Section 2: Special Meetings
Special meetings may be called at any time by the President and in his/her absence by the Vice President or by a majority of the Directors. It shall be the duty of the Directors, President or Vice President to call a Special Meeting when so requested by 51% of the voting members. It shall be the duty of the Secretary to cause notice of each meeting as herein provided. Annual or Special Meetings many be held at any time and at any place, within or without the State of Florida.
Section 3: Notice of Members Meetings
Written advance notice of the time and place of all Annual and Special meetings shall be mailed, with electronically or by US Postal Service, in a timely manner to each member, In the case of a Special Meeting the purpose of the meeting shall be set forth in the notice. Notice to one joint member shall be considered notice to both. Failure to receive notice shall not invalidate any action taken by members attending in person or by proxy.
Section 4: Quorum
Persons holding fifty percent (50%) of the Association votes in person or by proxy shall constitute a quorum for any Annual or Special meeting of the Association. Less than a quorum may adjourn a meeting to a future date.
Section 5: Voting
At any meeting, Annual or Special, the member or joint members of a lot or lots in Chateaux Sur Mer shall be entitled to cast one vote for each lot owned; which vote may be cast either in person or by proxy.
The members shall have the power, by majority vote, at any meeting to transact any business of the Association except changes to the Declaration of Covenants, Conditions and restrictions that require at least 75% approval of the membership.
Section 6: Proxies
All proxies shall be filed with the Secretary and recorded in the minutes of the meeting. Proxies, to be valid, must be returned to the Secretary by the due date indicated on the proxy. Where no direction is given, the duly executed proxy shall be voted as directed by the Board of Directors of the Association. Members may vote by proxy using the telephone or the internet as well as in writing, provided the Secretary is duly informed by the member or his/her delegate prior to the meeting's call to order.
ARTICLE 5 - Board of Directors
Section 1: General Powers
The business and property of the Corporation shall be managed by a Board of no less than five (5) nor no more than nine (9) members who shall be elected by the membership of the Association at its Annual Meeting.
Section 2: Nomination
The President shall appoint a nominating committee of three (3) resident members no later than 45 days prior to the Annual Meeting each year to consider and propose candidates for election to the Board of Directos.
Section 3: Candidates
All candidates shall be a property owner, a property co-owner, a trustee or c0-trustee of a property, or a property owner's spouse. In addition, candidates must be residents of Chateaux Sur Mer for at least two years, Each candidate elected shall serve until his/her successor shall have been elected. No term shall exceed 6 years.
Section 4: Election
Candidates proposed by the nominating committee, and any others proposed in writing to the Secretary by any member, or proposed at the meeting, shall be voted upon by the membership at the Annual Meeting.
Section 5: Tenure
After serving as an elected member for up to six (6) consecutive years, a retiring Board member must be absent from the Board for at least one year before being considered again for nomination.
Section 6: Meeting
A meeting of the Board of Directors shall be held promptly after the adjournment of each Annual Meeting and shall elect officers of the Association to serve until the next annual meeting. Special meetings of the Board of Directors shall be held in the principal office of the Association or with the consent of a majority of the Directors may be held at any time and place, Notice of all Special meetings shall be given to the Directors by the Secretary either orally or by mail. Special meetings shall be called by the President or by any three (3) members of the Board of Directors.
Section 7: Quorum
A majority of the Board of Directors shall be necessary at the Annual or at any Special meeting to constitute a quorum for the transaction of business. The act of a majority of the Directors present at any such meeting at which a quorum is present, shall be the act of the Board of Directors.
Section 8: Vacancies
Vacancies in the Board of Directors may be filled by the affirmative vote of the majority of the remaining Directors at any meeting of the Board.
Section 9: Reports
At each Annual Meeting the Directors shall submit a statement of the business done during the preceding year together with a report of the general financial condition of the Association.
Article 6 - Officers
Section 1: Number
The association shall have a President, a Vice President, a Secretary, and a Treasurer.
Section 2: Election and Term
The officers shall be elected annually by and from the Board of Directors and shall hold office until their successors are chosen and qualify.
Section 3: President
The president shall have general supervision over the affairs of the Association and over the other Officers; shall sign all written contracts of the Association, cause to be published an Association newsletter, and perform such other duties as may be prescribed but he Board from time to time. The President shall preside at all meetings of the members and of the Board of Directors. In the absence of the President, the Vice President or a Director shall preside at all such meetings.
Section 4. Vice President
In the absence of the President, or in the event of his/her inability to act, the Vice President shall perform the duties of the President and when so acting shall have all the powers of and be subject to all restrictions on the President. The Vice President shall also perform such other duties as from time to time may be assigned to him/her by the Board of Directors.
Section 5. Treasurer
The Treasurer shall perform the following duties:
Have charge of and responsibility for all funds and securities of the Association.
Receive, record, bank, disperse and account for all moneys of the Association.
Keep regular books of account together with all vouchers, receipts, records and related papers. Submit these for review and approval of the Board of Directors as requested.
Maintain such computerized accounting programs as may be necessary for the efficient management of the financial transactions and records of the Association.
Develop and submit for approval of the Board of Directors the annual budget of the Association.
Perform all duties incident to the office of Treasurer and other such duties as may be assigned by the Board of Directors.
6. Secretary
The Secretary shall:
See that all notices are given in accordance with the by-laws.
Be custodian and have charge of the records and the Seal of the Association.
Keep a register of the names, addresses and lot numbers of all members.
Keep on file complete copies of the Articles of Incorporation, the by-laws and all amendments thereto, and the Declaration of Covenants, Conditions and Restrictions.
Keep the minutes of the meetings of the Board of Directors, the Annual Meeting of the Association members and of any Special meetings.
Provide copies of all minutes to the members of the Board of Directors and to members of the Association when requested.
Attend to any correspondence when requested to do so by the Board of Directors.
At his/her discretion, select an assistant to share in these duties when deemed appropriate.
Article 7 - Finance
Section 1: Banking
The funds of the Association shall be deposited in such banks or trust companies as the Directors shall from time to time designate.
Section 2: Checks, Drafts, Payments
All checks, drafts or ordres for the payment of money shall by signed by the Treasurer of other officer in the manner prescribed by resolution of the Board of Directors.
Section 3: Contingency Account
Upon order of the Board of Directors a contingency account, contributed from the revenues of the Association, shall be established and maintained in an amount no less than a minimum amount fixed by the Board of Directors. The purpose of said account is to provide financial support for expenditures deemed by the Board of Directors to be required to fund emergency or unanticipated events not covered within the annual budget.
Article 8 - Enact, Amend, Repeal
By-laws of the Association shall be enacted, repealed or amended by a majority vote of the Membership at any Annual or Special Meeting.
Article 9 - Fees
Section 1
A Building Fee shall be charged for construction that requires a City of Sanibel Building Permit. The fee shall be 20% of the Building Permit charge with a maximum fee of $3,000 and with a minimum fee of $100. This fee shall commence July 1, 2013.