BRYN HAVEN COMMUNITY ASSOCIATION, INC. ARTICLE I
PEBryn Haven Community Association//k By-lawsPage 1 of IkLE CC. L.BRYN HAVEN COMMUNITY ASSOCIATION, INC.ARTICLE INAME AND LOCATIONJhe name of the corporation is BRYN HAVEN COMMUNITY ASSOCIATION, INC.,hereinafter referred to as the"Association". The principal office of the Association shalllocated at P.O. Box 24 Sanford, Florida, 32772, but meetings of members andirectors may be held at such places within the State of Florida, Seminole County of asmay be designated by the Board of Directors.tARTICLE IIPURPOSE11 To present a unified effort by the members of the corporation in protecting andenhancing the value of the property of the members located in the subdivisionknown as Bryn Haven in the City of Sanford in Seminole County, Florida.2. To endeavor to see that ad valorem taxes and assessments levied on the property ofmembers of the corporation are uniform and fair.3. To endeavor to see that adequate police and fire protection, garbage and trashremoval and other conveniences and utility services are furnished to the propertyof the members.4. To provide for the maintenance, improvement and beautification of access ways,parkways, recreation areas and all other common areas in the Bryn HavenSubdivision.5. To establish rules and regulations that ensure that each lot owner maintains theirproperty at the level of maintenance set forth herein and conducts themselvesand their guests in the manner established by these rules and regulations.6. To engage in such other activities as may, be to the benefit of the owners of realproperty in the Bryn Haven Subdivision, as shall be specified from time to time inthe By-laws.ARTICLE IIIDEFINITIONSSection 1.'Association' shall mean and refer to BRYNHAVEN COMMUNITY ASSOCIATION, INC., itssuccessors and assigns.-:
Bryn Haven Community AssociationBy-laws-,2Page 2 of 2U. -.cb 2"Lot" shall mean and refer to any lot recorded on the Plat of BRYNHAVEN Subdivisionaccording to the Plat thereof as recorded in Plat Book 38, Page 14, Public Records ofSeminole County, Florida, or any other phase or section of additions to BRYNHAVEN."Owner" shall mean and refer to the record owner, whether one or more persons orentities, of the fee simple title to any lot.ctb 4,"Member" shall mean and refer to those persons who are owners as defined herein."Declaration" shall mean and refer to the Declaration of Covenants, Conditions andRestrictions applicable to BRYN HAVEN as recorded in the Office of the Clerk ofSeminole County, Florida."Common Areas" shall mean parks, playgrounds, swimming pools, streets, footways,including buildings, structures, personal properties incidental thereto, and any otherproperties owned and maintained by the Association for the common benefit andenjoyment of the residents within the property.1] Retention Property: is the property designated in the plat of Bryn Haven known asTract "A"2] Boulevard Property: is the right of way of Stenstrom Boulevard with in thesubdivision and with in Sanora South Unit One as per the plat thereof in Plat Book 19,pages 76 and 77, Public Records of Seminole County, Florida."Member in Good Standing" shall mean any member who is paid current in thetreasurer's records of the payment of the annual dues, assessments, and fines,
Bryn Haven Community AssociationBy-lawsYG !.Page 3 of 3ART CL IVMembership shall be automatic upon becoming an owner. A member in good standingis one whose dues and assessments [if applicable], have been paid to the Association ina timely fashion. Members not in good standing may be reinstated upon request to theBoard of Directors and payment of all dues and assessments, which have accruedduring the period of non-good standing. Membership is not transferable and shallautomatically terminate when a member is no longer an Owner. A member not in goodstanding shall not have the privilege or right to vote at any regular or special meeting ofthe members and shall not be qualified to be an officer of the Association.
Bryn Haven Community AssociationBy-lawsPage 4 of 4r.ARTICLE VDUES AND ASSESSMENTSsECLE CO. FL.The maximum annual Dues by the association for ail Lots shall be 100.00 [OneHundred Dollars] per Lot. The annual dues may be raised or decreased as provided bythe Declaration.The fiscal year of the Association shall begin on the first day of January and end on thelast day of December of each calendar year. Dues are due and payable by March 1 ofeach year. Dues and assessments remaining uncollected thirty days (30) after the duedate will be sufficient grounds for a member to be placed in non-good standing status,unless suitable prior arrangements have been made with the Association. There shallbe no reimbursements of assessments.SECTION 1. Creation of the Lien and Personal Obligation of Dues.The owner of each Lot within the Subdivision, covenants to the Association byacceptance of a deed therefor, whether or not it shall be so expressed in any such deedor other conveyance, shall be deemed to covenant and agree to pay to the Association(a) annual Dues or charges; (b) special assessments for capital improvements, suchassessments to be fixed, established, and collected from time to time, as hereinafterprovided. The annual Dues and special assessments, together with such interestthereon and costs of collection thereof as hereinafter provided, shall be a charge on theland and shall be a continuing lien upon the Lot against which each such assessmentwas assessed: and shall be the personal obligation of the person who was the owner ofsuch property at the time when the Dues and assessment felt due.As more fully provided in the Declaration, each Member is obligated to pay to theAssociation annual and special assessments, which are secured by a continuing lienupon the Lots against which the assessments are made. Any assessments, which arenot paid when due, shall be delinquent. If the assessment is not paid within thirty (30)days after the due date, the assessment shall bear interest from the date ofdelinquency at 12%, per annum, and the Association may bring action against theowner personally obligated to pay the same or foreclose the lien against the Lot.Interest, costs and reasonable attorneys fees of any such action shall be added to theamount of such assessment. No Owner may waive or otheise escape liability for theassessments provided for herein by non-use of the Common Area or abandonment ofhis Lot.SECTION 2. Effect of Non-Pyrnent of Assess mert: The Persona' oblitionof the Owner; The Lien; Remedies of Association.If the assessments are not paid on the date when due (being the dates specified inSection 5 hereof), then such assessment shall become delinquent and shalt, togetherwith such interest thereon and cost of collection, as hereinafter provided, become a
Bri Haven Community AssociationBy-lawsPage 5 of 5kQ3L11continuing lien upon the property in the hands of the then Ownesheira,dé'tsees,personal representatives and assigns. The personal obligation of the then Owner to paysuch assessment, however, shall remain his personal obligation. The Association mayfile, in the Public Records of Seminole County, a Notice of Lien for any unpaidassessments.If the assessment is not paid within thirty (30) days after the due date, the assessmentshall bear interest from the due date at the rate of twelve percent (12%) per annum,and the Association may bring an action at law against the owner personally obligatedto pay the same and/or foreclose the lien against the property, and there shall beadded to the amount of such assessment, the costs of preparing and filing theComplaint in such action, and in the event a Judgement is obtained, such Judgementshall include interest on the assessment as above provided and a reasonable attorney'sfee to be fixed by the Court together with the costs of action. In the event theAssociation files a lien and said lien is satisfied without necessity of a lien foreclosuresuit, the Association shall be entitled to the sum of One Hundred Fifty ( 150.00) Dollarsto offset the cost of the preparation of said lien together with all recording expenses forthe filing of said lien.The lien of the Assessment provided for herein shall be subordinate to the lien of anyinstitutional first mortgage now or hereafter placed upon the properties subject toassessment; provided, however, that such subordination shall apply only to theassessments which have become due and payable prior, to the sale or transfer of suchproperty pursuant to a decree of foreclosure, or any other proceeding in lieu offoreclosure. Such sale or transfer shall not relieve such property from liability for anyassessments thereafter becoming due, not from the lien of any such subsequentassessment.SECTION 3. Purpose of DuesThe dues levied by the Association shall be used exclusively for the purpose ofpromoting the enjoyment, health, safety and welfare of the residents in BRYN HAVEN'as recorded in Plat Book 38, Page 14, Public Records of Seminole County, Florida,including, but not limited to: (a) The operating costs of the Association; (b) payment oftaxes and insurance on property designated as Common Property and whether or not ithas been deeded to the Association by the Developer; and (c) maintenance of CommonProperty.SECTION 4 Basis and Maximum of Annual Dues.The annual Dues shall be One Hundred and no 100/ dollars, ( 100.00) per Lot. Theannual Dues may be increased each year not more than five percent (5%) above themaximum Dues for the previous year without a vote of the membership.The Board of Directors of the Association may. After consideration of currentmaintenance costs and future needs of the Association, fix the annual dues for any yearat a lesser amount.
l.Bryn Haven Community AssociationBy-laws3 L.P4ge 6 bf r5SELLE CO. FL.SECTION 5. SDecial Assessments for Capital Improvements.In addition to the annual dues authorized by Section 3 hereof, the Association may levyin any year, a special assessment, applicable to that year only, for the purpose ofdefraying, in whole or in part, the cost of any construction or reconstruction,unexpected repair or replacement of a described capital improvement upon theCommon Properties, including the necessary fixtures and personal property, relatedthereto, provided that such assessment shall have the assent of sixty percent (60%) ofthe votes of Members who are voting in person or by proxy at a meeting duly called forthis purpose, written notice of which shall be sent to all Members at least thirty (30)days in advance setting forth the purpose of the meeting.SECTION 6. Change in Base and Maximum of Annual DuesSubject to the limitations of Section. 3 hereof, and the periods therein specified, theAssociation may change the maximum and base of the Dues fixed by Section 3 hereofprospectively for any such period provided that any such change shall have the assentof sixty percent (60%) of the votes of the Members who are present in person or byproxy, at a meeting duly called for that purpose, written notice of which shall be sent toall Members at least thirty (30) days in advance setting forth the purpose of themeeting. Both annual and special assessments must be fixed at a uniform rate of allLots.SECTION 7. Exempt Property.The following property subject to these bylaws shall be exempted from theAssessments, charge and lien created herein:A] All properties to the extent of any easement or other interest thereindedicated and accepted by the local public authority and devoted to publicuse.B] All Common Properties as defined in Article I.Notwithstanding any provisions herein, no improved lot devoted to dwelling use shall beexempt from said easements, charges or liens.ARTICLE VRULES AND REG ULATIONS:Section 1.The building lots within Bryn Haven Subdivision shall be used for single familyresidential purposes only.Section 2.No building at any time located on any lot or building plot shall be used for anycommercial business, amusement, hospital, sanitarium, school, clubhouse, religious,charitable, philanthropic or manufacturing purposes, or as a professional office, and nobillboards or advertising signs of any kind shall be erected or displayed thereon, except
Bryn Haven Community AssociationB" lawsPage 7 of 7irr,such signs as are permitted elsewhere in these Rules and R uItit'Th homebusinesses shall be permitted providing the business is properly licensed by the county,and state and the following conditions are met:A] The business shall not create additional vehicular or pedestrian traffic in thesubdivision.B] There shall be no visible or audible indication or signs that a businessenterprise is being conducted on or in the property.C] The business enterprise shall not create a disturbance or annoyance in thesubdivision or to any neighbor.Section 3.No building situated on any lot or building plot shall be rented or leased separately fromthe rental or lease, of the entire property.Section 4The Association reserves and shall have the unrestricted and absolute right to denyingress to any non resident person, including visitors of residents who, in the opinion ofthe Association, may create or participate in a disturbance or nuisance on any part ofthe land included in said Bryn Haven.Section 5.The grassy, area lying between the roadway and sidewalk, is commonly known as themedian". Each lot owner will maintain the median as though it was part of the mainparcel. No tree, shrub or bush shall be planted within the median.Section 6.The Association shall have the right, but no obligation, to remove or require theremoval of any fence, wall, hedge, shrub, bush, tree or other thing, natural or artiflcial,placed or located on any, building lot, if the location of the same will in the solejudgement and opinion of the Association, cause damage to sidewalks, streets or in anyway interfere with easements, drainage or limit access to easements by emergencyvehicles or crews or obstruct the vision of a motorist upon any of the access ways. Theassociation shall provide ten days written notice to the offending homeowner prior tothe association taking action to correct the situation. Any costs incurred by theassociation to correct any of the above situations shall be billed to the lot owner and ifnot paid within 30 days shall constitute a lien against said property and shall becollectable as provided in the Covenants and Restrictions.Section 7.No utility yard, fence, wall or any type or kind of permanent structure shall be erected,allowed or placed within any of the areas designated on said plat as easements. Anyhedge, shrub, tree or other planting placed within any of the areas designated on saidplat as easements shall forth with be removed by the building plot owner if and whensuch owner is required or requested so to do by the Association. The association shall
Bryn Haven Community AssociationBy-lawsPage 8 of 8Uprovide ten days written notice to the offending homeowner priorteödationtaking action to correct the situation. Any costs incurred by the association to correctany of the above situations shall constitute a lien against said property and shall becollectable as provided in the Covenants and Restrictions.Section 8.The following buildings, structures and objects may be erected and maintained andallowed to remain on the building plot only if the same are located wholly within themain residence or wholly behind it: Pens, yards and houses for pets, above groundstorage of construction materials wood, coal, oil and other fuels, clothes racks andclotheslines, clothes washing and drying equipment, laundry rooms, tool shops andworkshops, storage shads, garbage, trash cans and other receptacles and othermechanical equipment and any other structures or objects determined by theAssociation to be of an unsightly nature or appearance.Section 9.Lawn Service contractors, Tree Trimming contractors, Pressure Cleaning companies andlike type service companies shall be permitted access to the subdivision only betweenthe hours of 8:00 a.m. to 5:00 p.m. Monday through Saturday. All such activities byoutside contractors must cease by 6:00 p.m. Any contractor that willfully violates thisprovision shall be denied entrance to the subdivision for a period of one year.Section 10.The motor vehicle speed limit within the subdivision is 25mph. The speed limit andother traffic laws are enforceable by The Sanford City Police and by the SeminoleCounty Sheriff.Section 11.Private automobiles of the occupants bearing no commercial signs shall be parked inthe garage, driveway, or parking area on the building plot, Private automobiles ofguests of the occupants may be parked in such driveway, parking area or on the streetin a manner that does not obstruct any driveway or fire hydrant and in a manner that isParking shall not be permitted on grass or otherconsistent with traffic laws.landscaped areas. Overnight parking in the streets adjacent to lots in prohibited.Section 12.Recreational vehicles, i.e. campers or motor homes may not be kept, parked or stored,within the subdivision except within a wholly enclosed garage or utility yard asdescribed herein except said vehicles may be parked in the driveway while undergoingtrip preparation or while performing housecleaning type functions and then and onlythen for the period to accomplish said activity but in no case to exceed twenty four (24)hours. Such exception is not allowed more than once weekly per lot owner.
)Bryn Haven Comm unity AssociationB-1awsPage 9 of 9U.15:L CJ. FL.Section 13.No vehicle or boat that would not be substantially obscured from view from the outsideof a utility yard shalt be kept or parked in any such utility yard. No boats or trailersmay be kept in front yards, driveway or side yard they must be in the back yard andscreened from view when visible from any Street.Section 14No owner, renter or any person in the employ or othe'ise associated with the ownerof any building plot within the Bryn Haven subdivision shall engage in any majorautomotive repairs or restoration of any kind. No vehicle in a non-operable conditionincluding but not limited to flat tires or vehicular damage shalt be permitted to remainon the premises unless same are completely inside a garage attached to the mainresidence.Section 15.Signs; advertisements, notices or other lettering shalt not be exhibited, displayed,inscribed, painted or affixed thereto in, on, or upon any part of The Bryn HavenSubdivision except as provided herein or as listed below.A] A limit of one (1) "For Rent" or "For Sale" sign which does not exceed two (2)feet by two (2) feet may be posted upon the owners property.B] "For Rent", "For Sale", "Open House", directional information and similarsigns not exceeding two (2) feet by two (2) feet may be posted uponCommon property for a period not to exceed three days.C] Temporary signs not exceeding two (2) feet by two (2) feet such as those forgarage sales, yard sales and lost pets may be posted upon Commonproperties for a period not to exceed five (5) days.D] Political signs not exceeding three (3) feet by four (4) feet may be posted onan Owner's property. Signs may be erected no earlier than thirty, (30)days before the election and must be removed within two (2) days afterthe election. Political signs may not be posted on Common property.E] There shall be no flashing or animated signs.F] The Association may enter upon any building plot and summarily remove anddestroy any signs that do not meet the provisions of this paragraph.Section 16.No garbage or trash incinerator shall be placed or permitted to remain on a buildingplot or any part thereof. Garbage, trash and rubbish shall be removed from the buildingplots only by services or agencies approved in writing by the Association or asdesignated by the City of Sanford with the exception of incidental services provided byawn and tree trimming services or contractors or subcontractors involved in theconstruction or restoration of any building plot
B,,Nm Haven Community AssociationBy-laws10of1 0-.N LL -L -.'.Section 17.No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage orother waste shall not be kept except in sanitary containers. All equipment or facilitiesfor the storage or disposal of such materials shall be kept in a clean and sanitarycondition. After ten (10) days notice in the event the owner fails to maintain lot(s) in aclean and orderly condition, the Board of Directors may elect to have trash removed,grass mowed, and lot(s) otherwise maintained so as to retain a neat and orderlyappearance, and cost of same shall be assessed to owner and will constitute a lienagainst said lots thirty (30) days after Notice of Change has been sent. Notice of Lienmay be filed with the Public Records of Seminole County by the Association.All trash containers must not be visible from the road. For the scheduled trash/recycletrash days- the trash containers must be placed at the lot's curb no more than 12 hoursbefore scheduled pick-up times.Refer to City of Sanford Utilities for day and times oftrash/recycle pick-up.Section 18.No mailbox or paper box or other receptacle of any kind for use in the delivery of mailor newspapers or magazines or similar material shall be erected or located on anybuilding plot unless and until the size, location, design and type of material for saidboxes or receptacles shall have been approved by the Association.Section 19.No horses, mules, ponies, donkeys, burros, cattle, sheep goats, swine, rodents, reptiles,pigeons, pheasants, game birds, game fowl or poultry or guineas shall be kept,permitted, raised or maintained on any building plot on said land. No other animals,birds or fowl shall be kept, permitted, raised or maintained on any such building plotexcept as permitted in this paragraph and according to County and City Regulations.Nor may any animals be kept for any commercial or breeding purpose.Section 20.If any of such permitted animals or birds shall, in the sole opinion of the Associationbecome dangerous or an annoyance or nuisance in the neighborhood or nearbyproperty or destructive of wild life, they may not thereafter be kept on the building plot.Birds and rabbits shall be kept caged at all times. A pet shall not be permitted outsideits Owners Lot unless attended and on a leash. Pets shall only be walked or takenupon those portions of the Common Properties designated by the association from timeto time for such purposes. In no event shall pets ever be allowed to be walked ortaken the common properties.Section 21.It-is unlawful for any animal owner to permit, either willfully or through failure toexercise due care and control any animal to soil, defile, urinate or defecate on anyprivate or public property, other than that of the owner without expressed or impliedconsent.
Bryn Haven Community AssociationBy-laws-'5E.WLEPage I. FL.Section 22.It is unlawful for any animal owner to permit either willfully or through failure toexercise due care and control any animal, in a continuing or repeating manner, to bark,cry, howl, screech, squawk, scream, whine or cause other objectionable noises whichdisturb the comfort, peace, quiet or repose of any person residing in the vicinity.Section 23.The Seminole County Animal Control Act establishes additional regulations as relates tothe care, control, and licensing of animals within this county, and is applicable to theBryn Haven Subdivision. Residents should direct their complaints to Seminole CountyAnimal Control.Section 24.No illegal, noxious or offensive activity shall be permitted on any part of the subdivision,nor shall anything be permitted or done thereon which is or may become a nuisance ora source of embarrassment, discomfort or annoyance to the neighborhood. Any personobserving such activity shall notify. The Sanford Police Department and/or theAssociation for corrective action.Section 25.No trash, garbage, rubbish, debris yard waste or other refuse shall be deposited orallowed to accumulate or remain on any part of this subdivision, nor shall any lot ownerdeposit the same upon any land or lands contiguous thereto. No fires for burning oftrash, leaves, clippings or other debris or refuse shall be permitted on any part of saidland.Section 26.Unless the prior approval of the Association has been obtained, no window airconditioning units shall be installed in the side of any building that faces an access way.Section 27.The owner of each building plot shall keep such plot free of tall grass, undergrowth,dead trees, dangerous tree limbs, weeds, trash and rubbish. And shall keep such plot atall times in a neat and attractive condition. Trees and shrubs shall not be allowed toobstruct the streets or walks. Trees should be trimmed to a height of 10 feet oversidewalks and 14 feet over the roadways. In the event the owner of any building plotfails to comply with the preceding, the Association shall have the right, but noobligation, to go upon such building plot and to cut and remove tall grass, undergrowthand weeds and to remove rubbish and any unsightly or undesirable things and objectstherefrom, and to do any other things and perform and furnish any labor necessary ordesirable in its judgment to maintain the property in a neat and attractive condition, allat the expense of the owner of such building plot, which expenses shall be payable bysuch owner to the Association on demand and may be enforced in the same manner ashereinafter provided for enforcement of assessments.
Bryn Haven Community AssociationBy-JawsPage 12 of 1.SEJiCLE CO. FLSection 28.Antenna dishes or exterior antenna may be erected within the rear and side setbacklines provided they are not in public view from the street.Section 29No skateboard ramps or jumps shall be erected subdivision.Section 30.Whenever there shall have been built or there shall exist on any building plot anystructure, building, thing or condition which is in violation of these covenants andrestrictions the Association shall have the right, but no obligation to enter upon theproperty where such violation exists and summarily to abate and remove the same, allat the expense of the owner of such property, which expense shall be payable by suchowner to the Association on demand, and such entry and abatement or removal shallnot be deemed a trespass or make the Association liable in anywise for any damages onaccount thereof.Section 31.If any person, firm or corporation, or other entity shall violate or attempt- t-0 violate anyof these covenants or restrictions, it shall be lawful for the Association or any person orpersons owning any lot on said land (a) to prosecute proceedings for the recovery ofdamages against those so violating or attempting to violate any such covenants orrestrictions, or (b) to maintain a proceeding in any court of competent jurisdictionagainst those so violating or attempting to violate any such covenants or restrictions,for the purpose of preventing or enjoining all or any such violations or attemptedviolations. The remedies contained in this paragraph shall be construed as cumulativeof all other remedies now or hereafter provided by law.Section 32.No fences shall be constructed, erected, or maintained on or around any portion of theLot that is in front of the setback line of the Lot. Corner Lots shall be deemed to havetwo (2) front setback lines for the purpose of this section. Fences shall be of cedar orsuch other materials approved by the Board of Directors and must be kept in goodcondition and repair. No fencing of chain link or other wire materials are permitted toremain on any Lot. No fences shall exceed 6ft in height, except any fence or wallconstructed on a Lot adjacent to the subdivision parameter. All fences shall be erectedin such a manner that the finished side faces out and the fence post are located on theinside of the fence.
Bryn Haven Community AssociationB -lawsf flPage 13 qf CySEM;kCLE CO. FL.Section 33.The failure of the Association, its successors or assigns, to enforce any covenant orrestriction or any obligation, right, power, privilege, authority or reservation hereincontained, however long continued, shall in no event be deemed a waiver of the rightto enforce the same thereafter as to the same breach or violation, or as to any otherbreach or violation thereof occurring prior to or subsequent thereto.ARTICLE VIARCHITECTURAL GUIDELINESSection 1.For the purpose of further maintaining the subdivision as a residential area of thehighest quality and standards, and in order that all improvements on each building plotshall present an attractive and pleasing appearance from all sides and from all points ofview, the Association reserves the exclusive power and discretion to control andapprove all of the buildings, structures and other improvements on each building plot inthe manner and to the extent set forth herein.Section 2.No residence, or other building, and no fence, wall, driveway, swimming pool or otherstructure or improvement, regardless of size or purpose, whether attached to ordetached from the main residence, shall be commenced, placed, erected or allowed toremain on any building plot, nor shall any addition to or exterior change or alterationthereto be made, unless and until building plans and specifications covering the same,showing the nature, kind, shape, height, size, materials, floor plans, exterior colorschemes with paint samples, location and orientation on the building plot andapproximate square footage, construction schedule, on-site sewage and water facilitiesand such other information as the Association shall require, including, if so required,plans for the grading and landscaping of the building plot showing any changesproposed to be made in the elevation or surface contours of the land have beensubmitted to and approved in writing by the Association and until a copy, of all suchplans and specifications, as finally approved by the Association, have been lodgedpermanently with
Bryn Haven Community Association Page 4 of 4 By-laws r. ARTICLE V sECLE CO. FL. DUES AND ASSESSMENTS The maximum annual Dues by the association for ail Lots shall be 100.00 [One Hundred Dollars] per Lot. The annual dues m
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