Harbor Hills Deed Restrictions
Deed restrictions are posted in the 2020-2021
Harbor Hills Community Directory
A DEED RESTRICTED COMMUNITY
The Deed Restrictions listed below attempt to represent the most current and accurate version. For Official Records please refer to the Deed Restrictions on file with Pinellas County Clerk of the Court.
Section 1. NAME: The name of this association shall be HARBOR HILLS PROPERTY OWNERS ASSOCIATION, INC.
Section 2. GEOGRAPHIC BOUNDARIES: The geographic boundaries of this association shall be those areas located in the County of Pinellas, State of Florida containing:(a) all lands within the subdivision known as HARBOR HILLS, according to the plat thereof as recorded in Plat Book 46, pages 58 and 59 of the public records of Pinellas County, Florida; (b) all lands within the subdivision known as HARBOR HILLS THIRD ADDITION, according to the plat thereof as recorded in Plat Book 46, pages 65 and 66 of public records of Pinellas County, Florida lying north of McKay Creek.
Section 3. OBJECT: The principal object, general nature and purpose of this association shall be to administer, assist, protect and promote the interests of those property owners constituting and lying within the described boundaries of the association, and to cooperate with surrounding areas on matters of mutual interest; to evaluate actions contemplated by any governmental body that would affect property located within said subdivision, taking such action as the association may determine necessary or desirable.
ARTICLE II - MEMBERSHIP, DUES AND VOTING
Section 1. MEMBERSHIP: Any owner of one or more parcels of the residence property in the subdivision known as "Harbor Hills" and situated within the geographical boundaries defined in Article I, and any grantee of such owner, shall by virtue of such ownership, automatically be and become a member of this association, entitled to all the rights and privileges of membership. A parcel of such property, when mentioned in these By-Laws, shall mean a plat of in the official records of Pinellas County, Florida.
Section 2. VOTING: Each member shall be entitled to one vote per each lot owned and must be present at any regular or special meeting in order to exercise their vote. There shall be no proxy votes.
Section 3. It is the responsibility of absentee property owners to notify the association's secretary of their permanent mailing address. If tenants are involved, the owners shall provide the tenant with a copy of the By-Laws and deed restrictions and tenants' names will be forwarded to the association secretary.
Section 4. TERMINATION OF MEMBERSHIP: Membership shall automatically terminate upon transfer of ownership in the geographical boundaries of the association.
ARTICLE III - MEMBERSHIP MEETINGS
Section 1. ANNUAL MEETINGS: The annual meeting of the membership of this association will be held in January of each calendar year, or as fixed by the Directors. Notice of the annual meeting shall set forth the place, date, time and general purposes of the meeting and the actions to be taken at the meeting.
Section 2. Other Meetings: Other meetings of the membership of the association shall be held on the dates and times specified by the Board of Directors. The Board of Directors may call such special meetings as it deems necessary.
Section 3. QUORUM FOR MEMBERSHIP MEETINGS: The presence of persons entitled to vote on behalf of 40 “parcels” (as that term is defined in Article II, Section 1 above) in good standing shall be requisite and shall constitute a quorum at all meetings of members; except as otherwise provided by Statute. Notwithstanding the number of Members that own a parcel, only one vote for each parcel shall be allowed and counted. The vote of each parcel shall be cast by the Members owning the parcel. The transaction of business at any meeting of the members shall require such quorum of the members. If, however, a quorum shall not be present, the members entitled to vote at such meeting shall have the power to adjourn from time to time, without notice other than an announcement at the meeting until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be present or represented, any business may be transacted which might have been transacted at the meeting as originally noticed. When a quorum is present to organize a meeting, such quorum is not deemed broken by the subsequent withdrawal of any members.
ARTICLE IV - BOARD OF DIRECTORS
Section 1: AFFAIRS OF THE ASSOCIATION: The affairs of the association shall be administered, governed and controlled by the duly elected Board of Directors.
Section 2. NUMBER AND QUALIFICATIONS OF DIRECTORS: The Board of Directors shall consist of the officers of the officers of the association and five (5). Directors must be full time residents; living at the property with the subdivision known as "Harbor Hills" and situated within the geographical boundaries defined in Article I above as their homestead. Absentee Members and non-full time residents are not eligible to serve as a Director. Further, only one Member of any household which owns one or more parcels within the Harbor Hills subdivision may serve as a Director and/or Officer at any time. Any other Member of that household shall not be eligible to serve as a Director and/or Officer concurrently.
Section 3. ELECTION. The Board of Directors shall be elected from the members of the Association at the annual meeting, provided, however, that if the annual meeting is not held as herein provided, all members of the Board of Directors shall hold their offices until their successors are elected and qualified. Directors shall take office immediately upon the conclusion of the meeting at which they are elected.
Section 4. STAGGERED TERMS: Beginning with the first election of Directors following the adoption of these By-Laws, Directors' terms shall be staggered in order to provide continuity on the Board of Directors. At the first annual election following the adoption of these By-Lays, three (3) Directors shall be elected for a one (1) year term and two (2) Directors shall be elected for a two (2) year term. Thereafter, all Directors shall be elected for two (2) year terms.
Section 5. REGULAR MEETINGS: Regular meetings of the Board of Directors shall be held monthly or as scheduled by the President. The Secretary shall notify the officers and Directors prior to the time and place of the meeting.
Section 6. SPECIAL MEETINGS: Special meetings of the Board of Directors may be called by the President or any three (3) members of the Board. At least three (3) days' notice, in writing, must be given to all Directors of any special meeting, which notice shall define the specific business to be transacted at such special meeting. Only the business set forth in the notice may be transacted at the special meeting. Upon unanimous consent of the Directors, the Board of Directors may hold a special meeting at any time.
Section 7. QUORUM: a quorum shall be five (5) members of the Board of Directors. The transaction of business at any meeting of the Board of Directors shall require a quorum of the Board. In the absence of a quorum, a majority of these present at any meeting shall have the power to adjourn the meeting to a future date.
Section 8. VACANCIES: Vacancies on the Board of Directors shall be filled by a majority vote of the members of the Board of Directors at any regular or special meeting of the Board.
Article V - OFFICERS
Section 1. OFFICERS: The officers of this association shall be President, Vice President, Treasurer and Secretary. The Officers shall be elected by the Directors at the annual meeting of the Directors and shall take office immediately upon conclusion of the meeting at which they are elected. Officers must be full time residents; living at the property within the subdivision known as “Harbor Hills” and situated within the geographical boundaries defined in Article I above as their homestead, and they must be members in good standing of the Association. Absentee Members and non-full time residents are not eligible to serve as an Officer. Further, only one Member of any household which owns one or more parcels within the Harbor Hills subdivision may serve as a Director and/or Officer at any given point in time. Any other Member of that household shall not be eligible to serve as a Director and/or Officer concurrently.
Section 2. PRESIDENT: the President of the association shall be elected from the members of the Board of Directors by the Board of Directors at its first regular meeting following the election of the Board of Directors. The President shall be Chairman of the Board, and an ex-officio member of all committees. The term of office shall be two successive terms in office. The president shall preside at all meetings of the Board of Directors and of the association, and have general supervision over the affairs of the association, shall sign all written contracts of the Association and shall perform all such other duties as are incident to the office of the President.
Section 3. VICE PRESIDENT: The Vice President shall be elected from the members of the Board of Directors by the Board of Directors at its first regular meeting following the election of the Board of Directors, and shall hold office as provided in these By-Laws. In case of absence or disability of the President, the Vice President shall perform the duties of the President.
Section 4. TREASURER: The Treasurer shall be elected from the members of the Board of Directors by the Board of Directors at its first regular meeting following the election of the Board of Directors, and shall hold office as provided in these By-Laws. The Treasurer shall collect all dues and have custody of such monies and securities of the association as the Board of Directors may from time to time direct. The Treasurer shall keep regular books of account, shall submit them, together with all vouchers, receipts, records and other papers to the Board of Directors for their examination and approval as often as they may require; and shall perform all such duties as are incident to his office. All checks, drafts, warrants and orders for payment of money by the association shall be made in the name of the association, and shall be signed by the Treasurer and such other Director or officer as the Board of Directors may from time to time authorize.
Section 5. SECRETARY:The Secretary shall be elected from the members of the Board of Directors by the Board of Directors at its first regular meeting following the election of the Board of Directors, and hold office as provided in these By-Laws. The Secretary shall issue notice of all meetings of the Board of Directors and of the association, shall attend and keep the minutes of the same, and have charge of all association books, papers and records, except those books that pertain to the office of the Treasurer The Secretary shall be the custodian of the corporate seal and attest with the Secretary’s signature and impress with the seal all written contracts of the association.
ARTICLE VI- NOMINATIONS
Section 1. COMMITTEE: At the regular meeting of the Board of Directors held in October of each year, the President shall appoint a Nominating Committee. The committee shall be composed of three (3) members of the Board of Directors, at least two (2) of whom are not eligible for reelection or who have indicated they will not seek reelection or who carry over in office and two (2) members of the association who are not members of the Board of Directors.
Section 2. SLATE OF DIRECTORS: The Nominating Committee shall propose a slate of Directors, and shall present the slate to the Members at the annual meeting of the Members each year.
Section 3: REPORT OF THE ASSOCIATION: The Secretary shall, by mail, report the nominations to the members of the association thirty (30) days prior to the meeting which the election shall take place.
Section 4. OTHER NOMINATIONS: Members of the association may nominate additional nominees for director or officer. Such nominations shall be by petition, in writing, containing the signatures of five (5) members of the association and also containing the signature of the nominee agreeing to serve if elected. Such nominations must be received by the Secretary of the association at least fifteen (15) days prior to the meeting at which the election shall take place. The Secretary shall, by mail, report any additional nominations to the membership of the association at least ten (10) days prior to the meeting at which the election shall take place. There shall be no nominations at the election meeting.
ARTICLE VII - VACANCY AND REMOVAL OF OFFICERS AND DIRECTORS
Section 1. VACANCY: If a vacancy occurs in either an office or elected Board member, such vacancy shall be filled for the unexpired term by the Board of Directors.
Section 2. REMOVAL: Officers or elected members of the Board of Directors may be removed by vote of two-thirds (2/3) of the Board of Directors for non-attendance at three (3) consecutive regular meetings of the Board of Directors.
ARTICLE VIII - SEAL
Section 1. SEAL: The seal of the association shall be a circular impression containing in the center the words "SEAL 1961" and around the circumference the words "HARBOR HILLS PROPERTY OWNERS ASSOCIATION, INC." and the seal of the association shall be affixed by the Secretary to all contracts and instruments in writing whatever and wherever the seal is required.
Section 1. FINANCES: The finances of the association shall be governed and controlled by the Board of Directors.
Section 2. BUDGET: The Board of Directors, shall annually prepare and recommend a budget for the upcoming year, including proposed annual dues per property, for consideration by the Members of the Association at the annual membership meeting or a special meeting of the Members called at least in part to approve the proposed budget. The proposed budget, once prepared shall be mailed/delivered to all property owners at their last known address at least ten (10) days before the annual membership meeting or a special meeting of the Members called at least in part to approve the proposed budget. All members of the Association, in good standing, attending the annual membership meeting or a special meeting of the Members called at least in part to approve the proposed budget, shall be allowed to discuss any line item(s) and vote the proposed budget at the meeting, subject to such restrictions on time and procedure as the Board shall establish within its sole discretion. In order to be adopted, the proposed budget as modified by amendments thereto approved by a majority of the Members present, must be adopted by the affirmative vote of the majority of the qualified voting members of the Association present at the annual membership meeting or a special meeting called at least in part to approve the proposed budget, and at which a quorum is present and voting throughout. If for any reason a budget is not approved by a majority of the qualified voting Members of the Association present at the annual membership meeting or a special meeting called at least in part to approve the proposed budget; and at which a quorum is present and voting throughout, the Board of Directors shall schedule and convene a special meeting of the Members, as soon as reasonably practicable, to consider and adopt a budget.
Section 3. FISCAL YEAR: The fiscal year of the association shall be from January 1 to December 31.
Section 4. The Depository of this association shall be such financial institution(s) in Pinellas County, Florida, as may from time to time be designated by the Board of Directors.
Section 1. ORDER OF BUSINESS: The order of business for all meetings of the Board and the association shall be conducted in accordance with Robert's Rules of Order.
Section 1. AMENDMENTS: Amendments to these By-Laws of HARBOR HILLS PROPERTY OWNERS ASSOCIATION INC. may be made by the affirmative vote of persons entitled to vote on behalf of 66 2/3 % of all “parcels” (as that term is defined in Article II, Section 1 above) in good standing present at the annual meeting of the members or any special meeting of the association called at least in part to consider amendments to the By-Laws; and at which a quorum is present and voting throughout. Written notice stating the proposed amendment shall be mailed to property owners at their last known address at least ten (10) days prior to the date of the meeting at which the proposed amendment is to be acted upon.
BUILDING AND PROPERTY RESTRICTIONS
1. RESIDENTIAL USE
Each of the lots in HARBOR HILLS, including all lots enlarged or recreated by shifting of locations of side boundary lines, is restricted to the use of a single family, their household servants and guests. Only one building shall be erected to the lot, and only buildings restricted to the use of one family (single family residence) may be erected. A construction shed may be placed on a lot and remain there during the course of active construction of a residence. Otherwise, no portable buildings, storage sheds, or trailers may be moved onto a lot.
2. APPROVAL OF PLANS, SPECIFICATIONS AND LOCATION OF BUILDINGS
In order to ensure that the homes and other buildings in HARBOR HILLS will preserve a uniformly high standard of construction, no building or other structure shall be erected, placed, or remain on any building lot in this subdivision until a set of plans of the working drawings and specifications, including a plot plan showing the location of the buildings or other structures, terraces, patios, walls, fences, driveways, pools, property lines and setbacks, have been approved by the Pinellas County Building Department as being in accordance with its requirements and the various codes of Pinellas County in effect at the time construction or alteration of any such building has begun. No alterations in the exterior appearances of buildings or structures shall be made without approval by the Pinellas County Building Department and the issuance of all applicable and required permits. The provisions herein contained shall equally apply to repair, alteration, or modification made in or to any building, wall, or other structure. The issuance of a building permit or license, which may be in contravention of these Restrictions, shall not prevent the Association or any of the lot owners from enforcing these provisions.
No tents and no temporary accessory building or structure shall be erected without the written approval of the Association. Building materials, construction trailers and temporary portable storage containers may be stored on the premises only during active and continuous construction.
3. SETBACK LINES AND SIZE OF BUILDINGS
All buildings erected or constructed on any lot not on the water shall contain a minimum of 1200 square feet of living area for a one story building and 1250 square feet of living area for a two story building. All waterfront dwellings shall contain a minimum of 1300 square feet of living area. No dwelling shall be erected nearer than 20 feet to the front of lot line, nor nearer than 10 feet to the rear of lot line. No dwelling shall be erected nearer than 6 feet from the outside walls to any interior lot line. Where two or more lots are acquired and used as a single building site, the side lot lines shall refer only to the lines bordering on the adjoining property.
Only in-ground pools are permitted. No pool shall be erected nearer than 8 feet from the rear lot line.
(c)UTILITY AND DRAINAGE EASEMENTS
Easements are hereby reserved for the purpose of installing and maintaining public utilities and drainage and for such other purposes necessary to the development of the property within the area of the HARBOR HILLS PROPERTY OWNERS ASSOCIATION. The easements are shown on the plat of this subdivision. Easements and rights-of-way for construction of anchor guys for electric and telephone poles are also reserved. Such easements are shown on the plat of this subdivision.
4. METHOD OF DETERMINING SQUARE FOOT AREA OF BUILDINGS
The method of determining the square foot area of proposed buildings and structures or additions and enlargements thereto shall be as determined by the Pinellas County Building Department in the approved building plans. Garages, carports, screen porches, patios and terraces shall not be taken into account in calculating the minimum square foot area as required by the restrictive covenant.
5. LOCATION OF GARAGES AND CARPORTS
no garage or carport shall be erected which is separated from the main building.
6. BOATS, BOAT HOUSES, BOAT TRAILERS, ANCHORAGES
Boat landings, docks, piers, davits, boat lifts and mooring posts shall be constructed and installed only as approved and permitted by the applicable departments of Pinellas County in accordance with the Pinellas County Water and Navigation regulations; as amended from time to time. I No vessel or boat shall be anchored or tied offshore in any of the waterways adjacent to the subdivision so that the same shall, in any way, be a nuisance, hazard, or interfere with navigation. Neither boats nor boat trailers shall be parked or stored on lots in the subdivision unless they are completely enclosed in a garage or completely covered by a carport, except as provided below:
(a) Boats or boat trailers may be parked or stored at the rear of lots without waterfront access provided they are substantially screened (including their height) from the street and from neighbors by fences, shrubs, or trees; and
(b) Boats may be stored on davits and boat lifts at, or adjacent to, the seawall on lots with waterfront access; and
(c) Small rowboats, canoes, sailing dinghies, or similar craft which can be launched by hand may be stored on or adjacent to the seawall or waterfront lots.
7. FILLING IN OF PROPERTY
No lot or parcel of land shall be increased in size by filling in the waters on which it abuts.
Seawall repair and replacement shall only be made in accordance with applicable permits issued by the appropriate departments of Pinellas County and in compliance with all applicable Pinellas County Water and Navigation rules and regulations then in effect and as modified from time to time.
9. FENCES, WALLS AND HEDGES
No boundary fences or walls and no boundary line hedges or shrubbery shall be permitted with a height in excess of six (6’) feet. Waterfront walls of solid construction and solid waterfront hedges or shrubs, within the ten (10’) foot rear setback as measured landward from the landward edge of the seawall, shall not be permitted with a height in excess of four (4’) feet, and shall not otherwise be permitted to exist in any manner where the denseness or positioning thereof creates a visual barrier or buffer taller than four (4’) feet which obstructs the view of the water. All fences, walls or hedges located outside of the ten (10’) foot rear setback as measured landward from the landward edge of the seawall, where partially open, will not be permitted with a height in excess of six (6’) feet. No fence shall be erected beyond the front elevation of the house.
10. LAWNS AND LANDSCAPING
All lawns in the front of the property shall extend to the curb line and shall exist primarily of grass and/or Florida-friendly landscaping. No gravel or paved parking strips are to be allowed except for driveways into garages or carports. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any property within the subdivision and no refuse pile or unsightly objects shall be allowed to be placed or remain anywhere thereon. All lawns must be mowed regularly so that grass does not exceed five (5) inches in height. All flower beds and lawns are to be maintained with lawn grasses or flowers and shrubs without unsightly growths. All shrubbery, trees, and bushes are to be trimmed and maintained with a neat appearance.
11. GARBAGE CONTAINERS
All garbage or trash containers, oil tanks, bottled gas tanks, and water softener systems must be placed in enclosed areas so that they shall not be visible from the street. Commercial containers may be permitted during active construction. Temporary storage containers, including but not limited to “PODS” type containers, shall not be placed or maintained on any lots, lawns or driveways, except during active and continuous remodeling or construction, or temporarily while actually needed during active and continuous moving in or moving out activities.
12. CLOTHES DRYING AREA
No outdoor clothes drying area shall be allowed except in the rear yard of non-waterfront properties and in the case of corner lots may not be placed within forty (40') feet of the side street line. On waterfront lots, the clothes drying area shall be on the side yard of the lot and shall be shielded from view through the use of shrubbery.
13. VEHICLE PARKING
No Commercial Vehicles of any size, shape, or description, shall be permitted to be parked in this subdivision for a period of more than ten (10) hours per calendar day, except those present on business for the purpose of pickup, delivery, repair, and/or maintenance of a property. No vehicles shall be parked overnight outside a garage or carport except passenger vehicles, station wagons, pickup trucks (which are not otherwise “Commercial Vehicles” or “Recreational Vehicles”) or passenger vans (vans designed and equipped with permanently affixed front and rear seats for passenger use). Further, no vehicle, whether a Commercial Vehicle, Recreational Vehicle, Utility Trailer, or otherwise, shall be parked on any lawns.
Recreational vehicles shall not be parked or stored in HARBOR HILLS unless they are completely enclosed in a garage, completely covered by a carport, or substantially screened (including their height) from the street and from neighbors by fences, shrubs or trees. No Recreational Vehicles stored or parked outside an enclosed garage may be used for sleeping or living accommodations for any period of time. No unlicensed, out-of-date registration or disabled vehicles, or parts thereof, may be parked or stored on the premises except inside the garage or carport.
For the purpose of this restriction, the term “Commercial Vehicle” shall mean any business, work, or commercial truck or van, school bus, semitrailer truck or, or any vehicle equipped with exterior racks for carrying equipment, tools, or merchandise used in the course of trade or business. “Commercial Vehicle” shall also include any vehicle with any type of signage, markings, or advertisings, including but not limited to commercial trucks and vans as well as passenger vehicles with commercial logos and signage. Passenger vehicles with signage, markings, or advertising shall only be permitted to be parked within the subdivision for more than ten (10 ) hours per calendar day, if such signage, markings, or advertising is completely removed or covered up while such a vehicle is present. However, personal, non-commercial, passenger vehicles with bumper stickers shall not be considered a “Commercial Vehicle”. This prohibition shall not apply to any vehicle owned by a law enforcement agency and parked in the subdivision by an owner or resident employed as a law enforcement officer.
For the purposes of this restriction, the term “Recreational Vehicles” shall include, but not be limited to, enclosed vans (without windshield and front door or rear windows), motorhomes, campers, trailers, horse trailers, and pickup trucks with camper bodies.
No animals, birds or reptiles of any kind shall be raised, bred, or kept on any lot except that dogs, cats and other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose. No animal, bird, or reptile shall be kept in such a manner as to constitute a nuisance, and all animals shall be restricted to the owner's premises and shall be under the voice or leash control and supervision of the owner or his agent at all times. Owners of such animals shall be responsible for the gathering, removal and disposal of excrement deposited while on or off their property.
15. SIGNS AND DISPLAYS
No “For Rent” or “For Sale” signs larger than 520 square inches shall be erected or displayed on any property or on any structure. No other signs of a commercial nature shall be erected.
16. GARAGE SALES
Garage sales are defined as infrequent sales open to the public and conducted for the purpose of disposing of personal property, owned, utilized, and maintained by the owner/tenant or members of the owners’/tenants’ household, acquired in the normal course of living or maintaining a residence and not purchased for resale or consignment or commercial activity. Garage sale items shall be displayed only in the garage, driveway, house or in the rear yard. Sales shall be conducted during daylight hours and shall not exceed two (2) days duration. The limit of garage sales for each owner/tenant shall be four (4) per calendar year. The date of two (2) of said garage sales in each calendar year shall be scheduled by the Association, and the owner/tenant may hold not more than two (2) additional garage sales in each calendar year.
17. LEASING AND TENANTS
When any property owner rents or leases his or her home to tenants for short or long periods, it is mandatory that the tenants be made aware of the By-Laws and Building and Property Restrictions applicable to HARBOR HILLS. All owners who rent or lease their property must make their tenants aware of all rules, regulations, and restrictions that apply in HARBOR HILLS. If the tenants do not abide by said rules, regulations, and restrictions, the owner will be held responsible. Copies of these rules, regulations, and restrictions are attached to the property deed as well as on the web site and printed in the HARBOR HILLS DIRECTORY delivered to each property home location.
18. TRADE, BUSINESS, PROFESSION
Business use of a residence which inclines to show any sign or signs of commercial activity is prohibited. Business use shall mean and be defined as any use which shows or tends to show commercial activity on a lot, including but not limited to pickup or delivery of supplies, materials, partially or completed goods or any physical or tangible use which evidences any commercial activity what so ever, including signage. Businesses not requiring visitation of employees, customers, clients, vendors or suppliers shall be allowed provided they meet the requirements herein. Such businesses include home offices for professional use such as accountants, real estate agents, attorneys or other persons who deal primarily in services, whose employees, customers, or clients do not visit or make use of the premises, and whose business is conducted primarily through telephonic or other electronic media.
No noxious, offensive, hazardous or illegal activity shall be carried on upon the property covered by these Restrictions; nor shall anything be done thereon which constitutes an annoyance, nuisance, source of embarrassment or safety hazard to individual owners or to the subdivision in general.
20. ANNUAL ASSOCIATION DUES; LIENS
Any owner of one or more parcels of residential property within the boundaries of the HARBOR HILLS PROPERTY OWNERS ASSOCIATION, as defined by the Charter and By-Laws adopted October 6, 1983, agrees to and shall pay to the Association annual dues, the amount to be fixed and determined by the Board of Directors of the Association. Commencing in 1984, all charges for dues shall become due and payable in full to the Association prior to February 1st of each year.
No such dues shall become a lien effective as to any plot or parcel in HARBOR HILLS until a resolution shall have been duly adopted by the Board of Directors of the Association declaring that such charges for dues shall become a lien thereupon and an instrument containing an excerpt of said resolution and a statement designating the parcels affected by said charges and the amounts thereof, including any charges then still remaining unpaid for previous years, shall have first been duly recorded against said property in the Office of the Clerk of the Circuit Court of Pinellas County, Florida.
On or after February 1st, a penalty of twelve (12%) percent per annum, one (1%) percent per month or fraction thereof, shall accrue upon the amount of said lien, to be computed from the first day of January in said year, and the same shall be added to the amount of said lien. The Association is hereby empowered and authorized to bring any and all actions or proceedings provided under the laws of the State of Florida in the name of the Association for the enforcement of any such liens, penalties, and charges if payment of all such charges has not been received by the Association prior to the sale or transfer of title of any parcel of land within the defined boundaries of the HARBOR HILLS PROPERTY OWNERS ASSOCIATION, INC. The Association shall be entitled to collect attorney’s fees and all other costs of enforcement on any unpaid liens.
21. WAIVER OF RESTRICTIONS
The failure of the Association to enforce any building restriction, covenant, condition, obligation, right or power herein contained, however long continued, shall, in no event, be deemed a waiver of the right of the Association to enforce thereafter those rights.
22. ASSOCIATION RIGHTS
The Association reserves the right to itself, its agents, employees, or other contractor or subcontractor dealing with the Association, to enter upon the land covered by these Restrictions for purposes of enforcing these Restrictions and any other rights reserved unto the Association hereby.
23. REMEDIES FOR VIOLATIONS
Violation or breach of any condition, restriction, or covenant herein contained by any person,, even if by virtue of a judicial proceeding, shall give the Association and/or individual lot owners of said subdivision, in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms of said conditions, restrictions, or covenants, and to prevent the violation or breach of any of them. If the Association takes such action, it shall be entitled to recover all reasonable costs, expenses and attorney’s fees so incurred, whether suit is filed or not. In addition to the foregoing, the Association shall have the right, whenever there shall be have been built on any lot any structure which is in violation of these Restrictions or applicable law, to enter upon the property where such violation of these Restrictions exist and summarily abate or remove the same at the expense of the owner, and such entry and abatement shall not be deemed a trespass.
24. AMENDMENTS, CHANGES AND MODIFICATIONS
These restrictive covenants of the HARBOR HILLS PROPERTY OWNERS ASSOCIATION, INC. may be amended by addition, deletion, or change in whole or in part by an affirmative vote of at least 66 2/3% of the members, in good standing, present at the annual or any special meeting of the Association called at least in part to consider amendments to these Restrictions; and at which a quorum is present and voting throughout. Written notice stating the proposed amendment shall be mailed to property owners at their last known address at least twenty (20) days prior to the date of the meeting at which the proposed amendment is to be acted upon.
25. INVALIDITY CLAUSE
Invalidation of any of these covenants by a court of competent jurisdiction shall in no way affect any of the other covenants which shall remain in full force and effect.