PROPERTY RIGHTS AND REQUIREMENTS
Section 1. Owner’s Easements of Enjoyment.
Every Owner shall have a non-exclusive right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions:
(a) The right of the Association to dedicate or transfer all or any parts of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Association, provided no such dedication or transfer shall be effective unless: (i) such dedication or transfer is approved by Declarant, so long as Declarant owns a Lot, or if Declarant no longer owns a Lot, then by a vote of 30% of the Class A Members; and (ii) the approval of such dedication or transfer has been properly recorded; and
(b) That the Conservation Easement Areas, if any, be left in their natural condition as set forth in Section 7 herein below.
Section 2. Owner’s Use of Lot.
An Owner’s use of his or her Lot shall be limited to residential purposes, but nothing herein shall be deemed to prevent an Owner from leasing his or her residence to a single family for the purpose of a residence, subject to these covenants and restrictions. All Owners leasing or renting their Lots or Homes shall be required to incorporate the following in their lease or rental agreements, substantially in the following form:
The Lease Premises are a part of a Subdivision. All persons occupying property in Magnolia Lakes are required to observe the Covenants, Conditions and Restrictions of the Magnolia Lakes Development Homeowners Association, Inc. Copies of all Covenants, Conditions and Restrictions are to be obtained from the Landlord.
In addition, all Owners leasing their Lots or Homes are required to provide to the Association the names and addresses and phone numbers of the Landlord and the Tenant that are contained in the lease or rental agreement.
Section 3. Notice of Conveyance.
At any time an Owner conveys his Lot, he and the transferee shall be jointly obligated to notify the Association of the transferee’s name, mailing address and date of transfer. A notice will be provided by the Association upon the transfer of any Lot providing the current written status of the Association dues.
Section 4. Others’ Use.
Any Owner may share his right or enjoyment to the Common Area and facilities with the members of his family, his tenants, or visiting guests so long as same observe and abide by these covenants and restrictions and Rules of Conduct that may be promulgated or posted.
Section 5. Damage by Lot Owners including Builders.
The Owner of a Lot including Builders shall be responsible for any expense incurred by the Association or the Developer to repair or replace Common Area vegetation and topography, right-of-ways, swales, drainage facilities and utility lines when such repair or replacement is necessary as a result of the negligent or intentional errors or omissions of the Owner, his family, tenants, guests, agents or invitees. This shall specifically include repairs or replacements resulting from the actions of the Owner’s contractor in constructing any improvements on the Owner’s Lot. Any such expense if not paid upon demand shall be added to the Assessment to which the Owner’s Lot is subject and shall be due and payable in the same manner as the Assessments provided in these covenants. Provided, however, this shall not apply if there are insurance proceeds available to pay for damage.
Section 6. Motor Boat Use Restriction.
Only man-powered, wind propelled or electric operated boats may be used on any lakes or retention areas situated in the Subdivision. No such vessels nor any other vehicles may be used in wetland areas within the Conservation Easement Area.
Section 7. Conservation Easement Areas As Designed on the Record Plat.
The Conservation Easement Areas shall and are hereby declared to be subject to a Conservation Deed Restriction pursuant to Section 704.06 Florida Statutes, in favor of the St. Johns River Water Management District ("District"), its successors and assigns, for the purpose of retaining and maintaining the Conservation Easement Areas in their predominantly natural condition as a wooded water recharge, detention and percolation and environmental conservation area. In furtherance of this Conservation Deed Restriction, all of the following uses of the Conservation Easement Areas are hereby prohibited and restricted without the prior written consent of the St. Johns River Water Management District, to wit:
(a) The construction, installation, or placement of signs, buildings, fences, walls, roads, or any other structures and improvements on or above the ground of the Conservation Easement Areas; and
(b) The dumping or placing of soil or other substances or materials as landfill or the dumping or placing of trash, waste, or unsightly or offensive materials; and
(c) The removal or destruction of trees, shrubs, or other vegetation from the Conservation Easement Areas; and
(d) The excavation, dredging, or removal of loam, peat, gravel, rock, soil, or other material substance in such a manner as to affect the surface of the Conservation Easement Areas; and
(e) Surface use, except for purposes that permit the land or water area to remain in predominantly natural condition; and
(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; and
(g) Acts or uses detrimental to such retention of land or water areas.
The Conservation Easement Areas hereby created and declared shall be perpetual.
The Developer, the Association, and all subsequent Owners of the Conservation Easement Areas shall be responsible for the periodic removal of trash and other debris which may accumulate on such Conservation Easement Areas.
The prohibitions and restrictions upon the Conservation Easement Areas as set forth in this Section may be enforced by the St. Johns River Water Management District, its successors and assigns by proceedings at law or in equity including, without limitation, actions for injunctive relief. The provisions of this Conservation Easement Area restriction may not be amended without prior approval from the St. Johns River Water Management District.
All rights and obligations arising hereunder are appurtenances and covenants running with the land of the Conservation Easement Areas, and shall be binding upon, and shall inure to the benefit of the Developer, the District, and to their successors and assigns. Upon conveyance by the Developer to third parties (including the Association) of any land affected by this easement, the Developer shall have no further liability or responsibility hereunder, provided the deed restriction covering the Conservation Easement Areas is properly recorded.
Section 8. Maintenance and Operation of Surface Water or Stormwater Management System.
The Association shall be responsible for the maintenance, operation and repair of the surface water or stormwater management system. Maintenance of the surface water or stormwater management system(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District and the City of Melbourne Stormwater Maintenance Agreement. Any repair or reconstruction of the surface water or stormwater management systems shall be as permitted or, if modified, as approved by the St. Johns River Water Management District.
The Developer has constructed a Drainage Swale upon each Lot for the purpose of managing and containing the flow of excess surface water, if any, found upon such Lot from time to time. Each Lot Owner, including Builders, shall be responsible for the maintenance, operation and repair of the swales on the lot. Maintenance, operation and repair shall mean the exercise of practices, such as mowing and erosion repair, which allow the swales to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by the St. Johns River Water Management District. Filling, excavation, construction of fences or otherwise obstructing the surface water flow in the swales is prohibited. No alteration of the Drainage Swale shall be authorized and any damage to any Drainage Swale, whether caused by natural or human-induced phenomena, shall be repaired and the Drainage Swale returned to its former condition as soon as possible by the Owner of the Lot(s) upon which the Drainage swale is located.
The St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in the Covenants and Restrictions which relate to the maintenance, operation and repair of the surface water or stormwater management system.
Section 9. Maintenance of Drainage Easements.
It shall be the duty of the Association to maintain the drainage easements if said duty is not assumed by any governmental agency pursuant to any dedication agreement. Said duty shall include the obligation to cut grass, cut any trees, bushes, or shrubbery, make any grading of the soil, or take any other similar actions reasonably necessary to maintain reasonable standards of health, safety and appearance. Drainage flow shall not be obstructed or diverted from drainage easements. Developer may but shall not be required to add drainage for surface water wherever and whenever necessary to maintain reasonable standards of health, safety and appearance; provided, however, any maintenance, clearing, grading or cutting of drainways must be as permitted, or as approved by St. Johns River Water Management District and City of Melbourne pursuant to a permit modification.