Imperial Terrace West

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Imperial Terrace West is a resident owned, adult (55+) community located in Lake County, Florida.
Our marina gives us access to the Dead River, which in turn leads to Lake Harris, Lake Eustis, Lake Dora, The Dora Canal, Haynes Creek, Lake Griffin, and Lake Beauclair.
Our nature area abounds with wildlife such as alligators, foxes, eagles, owls, great blue herons, and other birds and animals.

 

Imperial Terrace West has easy access to the Dora Canal which is One of the Best Waterways for Wildlife Viewing

The most well-known waterway in Lake County was penned in the 1930s by a leading sports writer as the most beautiful mile of water in the world.  Lined with towering cypress trees that are draped with Spanish moss, the Dora Canal is a safe haven for nesting ospreys, herons and egrets.

The Dora Canal

In the 1830s, the canal was not only popular for its natural beauty, but because the mile-long connection linked the two important lakes of Dora and Eustis. Bordering the two lakes are the cities of Eustis, Tavares and Mount Dora. Together the municipalities form the Golden Triangle area of Lake County. Each city sports its own heritage and quaint downtown district that are a hit with tourists.

Originally called the Elfin River, the Dora Canal was unofficially born in the late 1800s when the captain of a steamboat assembled a team of laborers to help make the waterway more passable.

Today, the Dora Canal, along with the nearby Dead River and Haynes Creek, are popular spots for guided scenic tours. Hundreds of tourists and locals each year take these enchanting cruises to view the waterways' breathtaking beauty and wildlife.

The scenery of the Dora Canal also captured the imagination of Hollywood as a portion of the Humphrey Bogart classic African Queen was filmed along the waterway. Besides viewing wildlife such as otters, alligators and wading birds, visitors to the canal can also take note of the towering cypress trees, with some being 2,000 years old.

ByLaws & Declaration of Restrictions

 

IMPERIAL TERRACE WEST

HOMEOWNERS ASSOCIATION, INC.

 

DECLARATION OF RESTRICTIONS

 

  89 23140                                                                                 BOOK 1011   PAGE 0066

 

KNOW ALL MEN BY THESE PRESENT:

 

            That we, the Imperial Terrace West Homeowners Association, Inc. and the undersigned individuals, owners of lots and lands in Imperial Mobile Terrace, a subdivision recorded in Plat Book 17 page 18 of the Public Records of Lake County, Florida, for the purpose of enhancing and protecting the value, attractiveness, and desirability of the lots constituting the subdivision, do by this instrument, create and establish certain restrictive covenants, conditions and reservations, and do impress the title to the lands in said subdivision as described below with said restrictive covenants, conditions and reservations, and said owners declare that said restrictive covenants, conditions and reservations shall follow the title to said lands from the date hereof and for a period of ten (10) years until May 1, 1999. Thereafter, these restrictive covenants, conditions and reservations shall be automatically extended for additional periods of ten years unless otherwise agreed to in writing by the then owners of at least fifty-one percent (51%) of the lots subject to these covenants.

 

            Now therefore, the undersigned owners of property included in said subdivision, do hereby declare as follows:

 

 

1.     Definitions

A)     “Association” shall mean and refer to the Imperial Terrace West Homeowners Association, its successors and assigns.

 

B)      “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the owners. The common area to be owned by the Association at the time of this declaration is described as follows:

 

CLUBHOUSE, SWIMMING POOL, DOCKS AND MARINA further described as:

            Imperial Mobile Terrace Lot 15, Block B – LESS from a point on the South line of Lot 14 that is 2 feet west of the Southeast corner of said Lot 14 run Northerly to a point on the North line of Lot 14 Block B that is 10 feet West of the Northeast corner of said Lot 14, continue Northerly along an extension of last line 15 feet for the Point of Beginning, run West parallel to the South line of Lot 14 a distance of 66 feet, Southerly to a point on the South line of Lot 15 that is 8 feet west of the Southwest corner of Lot 14, East to the Southwest corner of Lot 14, Block B, Northeasterly along Lot line to the  Northwesterly corner of Lot 14, East along the North line of Lots 13 and 14 to the Southwesterly corner of Lot 12, Block B, Northwesterly along the Westerly line of Lot 12 to a point East of the Point of Beginning, Westerly to the Point of beginning, and LESS begin at the Southwest corner of Lot 15, Block B, run North 9 degrees 6’ 10” West along the West line of Lot 15 to canal, begin again at the Point of Beginning, run North 67 degrees 53’ 50” East along the Northerly line of Magnolia Avenue 36.79 feet, North 89 degrees 59’ East along the Northerly line of said road 38.28 feet to a point 58 feet West of the Southwest corner of Lot 14, run North 9 degrees 6’ 10” West 96.03 feet, South 89 degrees 59’ West 20 feet to canal, Southwesterly along canal to the

 

IMPERIAL TERRACE WEST – DECLARATION OF RESTRICTIONS -                            1

 

 

Northeast corner of Lot 16, Block B, and LESS from a point on the South line of Lot 14 in

Block B that is 2 feet West of the Southeast corner of said Lot 14, run Northerly along a straight line to a point on the North line of said Lot 14 that is 10 feet West of the Northeast corner of said Lot 14, continue Northerly along an extension of the last described course 15 feet to the Point of Beginning, run North 89 degrees 59’ East and parallel with the South line of Lots 13 and 14 in Block B to the West line of Lot 12, Block B, Northerly along said West line to the Northeast corner of Lot 15, Westerly along the North line of Lot 15 a distance of 129.71 feet, South 0 degrees 6’ 3” West 65.07 feet to  a point that is South 89 degrees 59’ West of the Point of Beginning, North 89 degrees 59’ East 84 feet to the Point of Beginning, AND Block C, Lot 1 in Block F, Block G, Imperial Drive South of Hickory Lane, and Lot 65 LESS the Southeasterly 70 feet, all in Imperial Mobile Terrace, Third Addition, located in Section 25, Township 19 South, Range 25 East, Lake County, Florida.

 

Purchased January 5, 2001:

 

 Parcel No 1: Begin at the Southwest corner of the North ½ of Government Lot 2 in Section 25, Township 19 South Range 25 East, In Lake County, Florida; run thence East along the South line of the North ½ of said Government Lot 2 and Northerly extension thereof, to the center line of Dead River and a point hereby designated as Point “A”. Return to the point of beginning and run North along the West line of said Government Lot 2 and the Northerly extension thereof, to the center line of Dead River; thence run Northeasterly along the centerline of Dead River to Intersect the above designated Point “A”. Parcel No 2: That part of Government Lot 1 in Section 25, Township 19 South, Range 25 East, in Lake County, Florida, lying West of a canal, identified as “Venetian Canal”, as shown on the plat of Venetian Park, recorded in Plat Book 13, Page 53, Public Records of Lake County, Florida, and lying South of Dead River.

 

The common area may be increased or decreased by action of the Association in either acquiring or disposing of real property owned by the Association.

 

C)     Lot” shall mean any plot of land shown on the recorded subdivision referred to above which is subject to these restrictive covenants with the exception of the common area.

 

D)     “Owner” shall mean any plot of land shown on the recorded subdivision referred to above which is subject to these restrictive covenants with the exception of the common area.

 

E)      “Subdivision” shall mean the subdivided real property hereinbefore described.

 

2.           Use Restrictions

 

A)     All lots in the subdivision shall be used for single family dwellings and for no other purposes. No business building may be erected on said lots and no business may be conducted on any part thereof, nor shall any building or any portion thereof be used or maintained as a professional office to which members of the general public are invited.

 

B)      The subdivision is designed, operated and maintained for the use and benefit, and to meet the social and physical needs, of persons 55 years of age or older. As such, every person who lives on any lot must be an adult. Adult for purposes of this rule means 55 years of age or older, or other person over age 40, sharing residence with a resident 55 years of

 

IMPERIAL TERRACE WEST – DECLARATION OF RESTRICTIONS -                      2

 

 

age or older. Notwithstanding this express policy, the Board of Directors of the Association shall have the right to issue a waiver of this rule for a person who is not 55 years of age or older, so long as at least 80% of the occupied homes in the subdivision including that of the new resident, are occupied by at least one person 55 years of age or

older. In order to determine whether or not to issue a waiver of this rule, the Board of       Directors of the Association shall have the right to require references and shall consider such factors as the age of the prospective purchaser, and the relationship of the prospective purchaser to any other residents of the subdivision.

 

C)     It is the intention by the passage of this section that no individual, individuals or entity may own more than one residential lot located within the property platted and designated as constituting Imperial Mobile Terrace as recorded in Plat Book 17, Page 16, First Addition, recorded in Plat Book 17, Page 58, Second Edition, recorded in Plat Book 18, Page 15, Third Addition, recorded in Plat Book 18, Page 1, all of the Public Records of

Lake County, Florida. This section shall not apply retroactively against current homeowners that presently would be in violation of this section. This section shall have prospective application. Current lot owners are prohibited from purchasing any additional lots within Imperial Mobile Terrace for the purpose of using it as a rental only. Current owners can purchase an additional unit for the purpose of upgrading their own life style and divesting themselves of the previous unit within a reasonable time frame. This section shall not divest any lot owner who is in violation of this section at the time of its adoption, from selling lots in the future to any single individual. However, any subsequent purchase by one individual, individuals or entity of a single lot from any owner who has two or more lots shall operate to divest that purchaser and all subsequent purchasers from owning more than one lot within Imperial Mobile Terrace at any other time.

 

3.           Imperial Terrace Homeowners Association

 

 Every person or entity who is the owner of a residential lot or dwelling unit subject to this document, and all successors and assigns including purchasers at a judicial sale, shall at all times be members of a Homeowner’s Association, a non-profit corporation formed to own, manage and care for the common property for the benefit of all of the owners of lots subject to this document in the subdivision. Lenders or others holding a security interest shall not be members of the Association. The membership herein provided for shall be appurtenant to, and may not be separated from, ownership of the lands herein described. The said homeowner’s association shall have full power to regulate the use of common property, operate, protect, maintain and improve the same, to provide street lighting for the subdivision, and do all other things reasonably necessary for the management thereof, and shall be empowered to and shall levy and collect fees for these purposes.

 

A)     The owner of any lot (by accepting this document, or by acceptance of a deed thereto, whether or not it shall be expressed in any such deed or conveyance), including any purchaser at a judicial sale, shall be deemed to have appointed and employed the said Homeowner’s Association to manage and maintain the commonly owned property, as described above, and said purchaser shall also be deemed to covenant and agree to pay to the said Homeowner’s Association any monthly fees or special assessment or charges for

 

        IMPERIAL TERRACE WEST – DECLARATION OF RESTRICTIONS -                             3                                              

 

the maintenance, operation, repair of said commonly owned property provided such fees and assessments are fixed, established and assessed as hereinafter provided. Each owner hereby agrees to pay said fees and assessments together with interest thereon from the due date at the highest legal rate under the Laws of the State of Florida plus costs of collection thereof, including reasonable attorney’s fees, and each owner further agrees that all such fees and assessments, interest and costs shall be a charge on his individually owned lots and lands in said subdivision and shall be the basis of a continuing lien upon said land against which such fee or assessment is made, and shall also be the personal obligation, joint and several if there is more than one entity or owner, of the owner. No owner may waive or otherwise escape liability for the fees assessments provided for herein by non-use of the commonly held property or abandonment.

 

B)      All monthly fees levied by the Homeowner’s Association shall be used exclusively for the purpose of promoting the recreation, health, safety, aesthetic enjoyment and welfare of the residents of the Subdivision and in particular for the operation maintenance and improvement of the commonly owned property and any other land, easement, or property held by or in favor of the said Homeowner’s Association and such purposes shall include, but not be limited to the payment of principal and interest on debts of the Association, taxes, insurance, labor, equipment, utilities, acquisition of furnishings and equipment,  materials, management, street lighting, maintenance and supervision thereof, and for such other purposes as are permissible activities of and undertaken by the said Association. The payment of monthly fees shall not entitle any lot owner to the use of a dock or the marina. Additional fees will be charged for the use of the dock and/or marina.

 

In addition to the monthly fees authorized above, the Association may levy in any assessment year a special assessment applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement on the common area, including fixtures and personal property related thereto. Any such special assessment must be approved by Fifty-one per cent (51%) of the members of the Association. Written notice of any meeting held for the purpose of levying any special assessment shall be sent to all members not less than 14 nor more than 60 days in advance of the meeting.

 

C)     All monthly fees and special assessments shall be at a uniform rate of assessment based on the ownership of lots or dwelling units in the Subdivision.

 

D)     The monthly fees provided for herein shall be set by the Board of Directors of the Homeowner’s Association and the fees shall be due and payable on the first day of each month beginning with April 1, 1989.   Monthly dues are due on the 1st of each month and if not paid by the tenth of the month, a $10 late fee will be assessed.  Notice of monthly fees or special assessments shall be sent to every owner subject thereto. The Association shall, on demand and for a reasonable charge, furnish a certificate signed by an officer of the Association, setting forth whether the fees and assessments against a specific lot have been paid.

 

E)      The assessment lien provided for herein shall be subordinate to the lien of any first mortgage. A sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the assessment lien as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any

 

IMPERIAL TERRACE WEST – DECLARATION OF RESTRICTIONS -                       4

 

 

Assessments thereafter becoming due or from the lien thereof, nor shall it relieve any owner from personal liability for such assessment.

4.   Property Rights.

 

Every owner of a lot shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pass with the title to such lot, subject to the following rights of the Association:

 

A)     The right to charge reasonable admission and other fees for the use of any recreational facility situated within the common area;

 

B)      The right to suspend the right of use of recreational facilities and the voting rights of any owner for periods during which the assessments against his lot remain unpaid;

 

C)     There shall be no judicial partition of the common area, nor shall any owner or any other person acquiring any interest in the subdivision or any part thereof, seek judicial partition thereof. However, nothing contained herein shall be construed to prevent any judicial partition of any lot owned in co-tenancy.

5.  Building Restrictions.

 

A)     All construction, modifications, and additions shall be in accordance with local building codes.

 

B)      There shall be no boats, boat trailers, utility trailers, large trucks, or recreational vehicles placed on or about any lot, block or parcel for more than three consecutive days. Sleeping in a recreational vehicle so parked is prohibited.

 

C)     There shall be no signs or advertisements of any kind displayed to public view on a lot or the common area without approval of the Board of Directors of the Association except customary name signs and lawn signs of not more than six (6) square feet in size for advertising a property for sale or rent.

 

D)     There shall be no dumping of trash or other litter or debris into any canal in the subdivision. There shall be no dumping of trash, garbage or yard clippings in any common area owned by the Association. No rubbish, trash, garbage, or other waste shall be kept or permitted on any lot or on the common area except in sanitary containers located in appropriate areas concealed from public view.

 

E)      There shall be no satellite dishes allowed on any lot in the subdivision except for those that are installed behind the lot setback lines, or pole mounted, roof mounted, or otherwise not to interfere with neighboring lot owner’s rights and do not exceed 24 inches in diameter.

 

F)   All lot owners must maintain their properties in a neat and orderly condition.  The existence of nuisance weeds, untended growth of grass or undergrowth that exceeds (10) ten inches in height from the soil level is not permitted.  The Board of Directors reserve the right to enter upon the property and have performed the necessary tasks to bring the property into compliance after giving (10) ten days written notice by certified mail.  All

costs shall be borne by the owners and shall constitute a lien against said property.  This restriction shall not exceed the guidelines of Lake County, Florida. 

 

IMPERIAL TERRACE WEST – DECLARATION  OF RESTRICTIONS -                      5

 

 

6. Amendment of Restrictions and Covenants.

 

      Notwithstanding the provisions of this document, any restriction or covenant or any part thereof may be removed, added, or modified by a two – thirds vote of all the members of

      the Homeowner’s Association, acting in accordance with the procedures set forth in the

bylaws of said association. In no case, however, shall any such change in the restrictions

operate to change the general character of the development. Written notice of a meeting for the purpose of removing, adding, or modifying any restriction or covenant shall be sent to all members not less than 14 nor more than 60 days in advance of the meeting.

 

7. Covenants Shall Run With the Land.

 

      The covenants and restrictions of the Declaration shall run with the land and bind the property described and shall inure to the benefit of and be enforceable by the Association, or by any Owner of any of the property subject to these restrictions, and their heirs, successors or assigns for a term of 10 years from the date these restrictions are recorded

      and until May 1, 1999. Thereafter, there restrictive covenants, conditions and reservations shall be automatically extended for additional periods of ten years unless otherwise agreed to in writing by the then owners of at least fifty-one percent (51%) of the lots subject to these covenants.

 

8. Enforcement of Restrictions and Covenants.

 

      These restrictions and covenants may be enforced by any procedure at law or equity against any person violating or attempting to violate any provision of this document, either to restrain a prospective violation or to require performance to remedy a violation or to recover damages resulting from a violation or non-compliance. In any action hereunder, the prevailing party shall be entitled to the recovery of attorney fees and costs. Failure by any party to enforce any covenant or restriction herein in one or more instances shall not be deemed a waiver of the right to do so thereafter.

 

9. Severance Clause.

      Invalidation of any restriction, clause, or phase herein, in whole or in part, by a Court or otherwise, shall not effect the other restrictions or the rest of this document.

   

EXECUTED AT Tavares, Florida this 18th day of  March, 1989.

Recorded: 89-23140, Book 1011, Page 0066

 

1st Amendment Executed at Tavares, Florida this 4th day of April, 1997.

Recorded 97-21911, Book 1507, Page 1720

 

2nd Amendment Executed at Tavares, Florida this 14th day of March, 2002

Recorded 02-7972, Book 02084, Pages 2094 – 2095 (2 pages)

 

   3rd Amendment Executed at Tavares, Florida this 1st day of July, 2002

   Recorded: CFN 2002069082, Book 02136 Pages 1590 – 1591 (2 pages)    

 

            4th Amendment Executed at Tavares Florida this 27th day of April, 2011

            Recorded CFN 2011038829, Book 4026 Page 617-617 (1page)

 

            5th Amendment Executed at Tavares, Florida this 20th  day of  May, 2014

            Recorded CFN 2014055730,       Book 4479 Page 1758  Page 1

 

 

IMPERIAL TERRACE WEST – DECLARATION OF RESTRICTIONS                           6

 

 

 

 

 

 

 

BY-LAWS

OF

IMPERIAL TERRACE WEST HOMEOWNER’S ASSOCIATION, INC.

 

Amended March 28, 2009 (Amended portions are in bold print and underlined)

 

ARTICLE I      GENERAL PROVISIONS

 

1.1              Name:  The name of this corporation shall be Imperial Terrace west Homeowner’s

            Association, Inc.

 

1.2              Principal Office:  The principal office of the corporation shall be at 11820 Hickory

            Lane, Tavares, Florida or at such other place as may be subsequently designated by

            the Board of Directors (hereafter “Board” and sometimes “Directors” ).

 

1.3              Definitions:  These By-laws shall govern the operation of the corporation known as

            Imperial Terrace West Homeowner’s Association, Inc.  Any terms not defined in

            the By-laws shall have those definitions established by the applicable Florida

            Statues, except that if any definition in the By-laws conflicts with a definition in

            the Florida Statues, where permissible, the definition in these By-laws shall

            prevail.

 

ARTICLE II    MEMBERSHIP AND VOTING RIGHTS

 

2.1              Membership:  Membership in this corporation shall be limited to bona fide owners

            or lots or dwellings located in Imperial Terrace West subdivision who have a

            membership certificate in the corporation and who have paid all dues, assessments

            and charges required to be a member of the corporation.  The transferee of a

            membership certificate, either voluntarily, in accordance with these By-laws, or by

            operation of the law, shall automatically become a member of the corporation if all

            the requirements for membership have been met.  If the membership certificate is

            vested in more than one person, all of the persons owning the membership

            certificate shall be cast by the “voting member”.  A membership owned by a

            corporation will be a non-voting member.

 

2.2              Voting:

 

            (a)  The owner or owners of each membership certificate shall be entitled to one

                   vote for each certificate owned.  If an owner owns more than one membership

                   certificate, the owner or owners shall be entitled to one vote for each

                   certificate.  Each membership certificate's vote shall not be divisible.

 

Page 1                         Imperial Terrace West Homeowner's Association, Inc.

                                    By-laws dated March 28, 2009

 

            (b)  Majority Vote:  The acts approved by a majority of the votes at a meeting

                   shall be binding upon all membership certificate owners for all purposes,                        except where otherwise provided by law, in the Article of Incorporation, or

                   these By-laws: the term "majority of members" shall mean those members

                   attending or voting by absentee ballot with qualified certificates.

 

            (c)   Quorum:  Unless otherwise provided in these By-laws, the presence in person

                    or by absentee ballot of 33 1/3 % of the designated voting membership                      shall constitute a Quorum.

 

            (d)  Ballot:  Voting for Corporate Officers and Directors will be by ballot

                   only.   Ballots will be mailed or delivered to the owners eligible to vote.

 

            (e)  When owners eligible to vote attend a special Membership or Annual

                   meeting where a vote is required, a ballot will be distributed for voting if

                   a  vote is to be taken and secrecy is necessary.

 

            (f)  Absentee Ballots:  votes may be cast by absentee ballot.  Absentee ballot

                  forms will be available from any director, upon request by the member.

                  Absentee ballots will be mailed to all residents living outside the park.

                  All  returned absentee ballots shall be enclosed in a sealed envelope and

                  returned by mail or given to a director.  All ballots will be opened only by

                  the appointed tellers on election day.  Any opened ballot prior to that

                  time will be null and void.  Absentee ballots may be used for all issues.

                  On any debatable issue, both pro and con, the Board of Directors may

                  allow the leaders of the two (2) sides prepare brief statements to be

                  printed with the  proposed absentee ballot.  Unauthorized statements are

                  not permitted.

 

            (g)  Limitation on Right to Vote:  Any member that is delinquent on paying any

                   indebtedness to the corporation that has been due for a period of more than

                   thirty (30) days,  shall not be entitled to vote at any meeting of the

                   membership until all such sums are paid in full.  The treasurer or such other

                   person charged with the responsibility of collecting the corporation's

                   accounts, shall, at the commencement of any meeting, certify to the person

                   conducting the  Meeting which membership certificates are not current in

                   payment of all assessments and are not eligible to vote.

                       

ARTICLE III     MEMBERSHIP AND MEETINGS

 

3.1       Place:  All meetings of the membership shall be held in the clubhouse at Imperial

            Terrace West Homeowner's Association, Inc. or at such place and at such time as

            shall be designated by the Directors and stated in the notice of the meeting.

 

Page 2                         Imperial Terrace West Homeowner's Association, Inc.

                                    By-laws dated March 28, 2009

 

 

3.2  Notices:

 

            (a)  Annual Meeting:  It shall be the duty of the Secretary to notify each

                  member of the annual meeting by written notice, mailed or hand

                  delivered to each member at such address as appears on the books of the

                  corporation, at least two (2) weeks prior to the date of said meeting.  This

                  may be accomplished by a notice in the monthly newsletter which is delivered                to every member resident in good standing.  The secretary shall   

                  send to each member not present in the subdivision a notice of each

                  annual meeting at least fourteen (14) days, but no more than thirty (30)

                  days prior to such meeting.  Notice of any meeting shall list the time,

                  place, and purpose thereof.  Residents temporarily absent from the

                  subdivision will be responsible for making arrangements with the

                  Secretary to have notification mailed to them.

 

            (b)  Board of Directors' Meeting and Special Meetings.  Board of Directors

                  and Special Meetings shall be open to all members, and notice of such

                  meetings shall be posted in a conspicuous place on the bulletin board in

                  the clubhouse at the subdivision at least forty-eight (48) hours in advance,

                  except in an emergency.  Notice of any meeting in which assessments

                  against members are to be considered for any reason shall specifically

                  contain a statement that assessments will be considered and the nature

                  of any such assessment.

 

3.3       Annual Meeting

 

            The Annual Meeting shall be held the second Saturday in January of each

            year.    At this time, the membership shall elect and install the Directors and

            Corporate Officers and transact other business as may be properly brought

             before the meeting.

 

3.4       Special Membership Meeting.  Special meetings of the members for any          purpose, unless otherwise prescribed by statute, may be called by the President,    or  must be called by the President or Secretary at the request in writing, of a   majority of the Directors or at the request, in writing, of voting members             representing ten percent (10%) of the total number of membership certificates     outstanding.  Such request shall state the purpose of the proposed meeting.            Business transacted at all special meetings shall be confined to the subject in the             notice of meeting.

 

3.5       Waiver and Consent:  Whenever the vote of the members at a meeting is required          or permitted by any provision of the statutes, the Articles of Incorporation, or of       these By-laws, to be taken in connection with any action of the corporation, the       meeting and vote of members may be dispensed with if all of the members who

            would have been entitled to vote upon the action of such meeting, if such meeting           were held.

 

Page 3                         Imperial Terrace West Homeowner's Association, Inc.

                                    By-laws dated March 28, 2009

           

            shall consent in writing to such action being taken.  Membership certificate owners

            may wave notice of special meetings and may take action by written agreement

            without meetings.

 

3.6       Order of Business.  The order of business at annual meetings, and as far as practical

            at meetings of the membership shall be:

           

            (a)  Call to order by President or chairman

            (b)  Certifying the roll and certifying the absentee ballots.

            (c)  Proof of notice of meeting or waver of notice

            (d)  Approval of any unapproved minutes

            (e)  Reports of Officers

            (f)  Reports of Committees

            (g)  Appointment of inspectors of election

            (h)  Election of Directors

            (i)  Unfinished Business

            (j)  New Business

            (k)  Adjournment

 

3.7       Minutes of Meetings.  Minutes of all meetings of members and of the Board of

            Directors shall be kept in a business like manner and shall be available for          inspection         by members, or their authorized representatives, and Board members at reasonable        times.  The Corporation shall retain these minutes for a period of not less than seven   (7) years.

 

ARTICLE IV   DIRECTORS AND OFFICERS

 

4.1       Membership.  The affairs of the corporation shall be managed by a Board of not

            less than nine (9) Directors and four (4) Corporate Officers, the exact number to be

            determined from time to time upon the majority vote of the membership.  All

            Directors and Officers shall be owners of a membership certificate.  At least five            (5)        Directors and three (3) Officers in each term shall be year-round (ten months)

            residents.  No Director or Officer shall continue to serve on the Board after he ceases

            to be an owner, or joint owner of a membership certificate in the corporation.  For

            proper representation, the Directors should reside in the district they are to serve.

            The Immediate Past President will automatically become a non-voting member of           the Board of Directors for one year without election.

 

4.2       Election of Directors and Corporate Officers.

 

            Election of Directors and Corporate Officers shall be conducted in the following

            manner:

 

 

Page 4                         Imperial Terrace West Homeowner's Association, Inc.

                                    By-laws dated March 28, 2009

 

 

            (a)  A meeting for the election of Directors and Corporate Officers shall be held

                  the second Saturday in January of each year.

 

            (b)  A nominating committee of five (5) members, who are not on the Board of

                  Directors, shall be selected.  The chairman shall be named by the President.

                  Two (2) members are to be chosen by the Board of Directors, and those three

                  (3) will select two (2) additional members, all to be appointed not less than

                  sixty (60) days prior to the election of officers.  The committee shall

                  nominate one (1) person for each Director or Corporate Officer then serving

                  whose term of office is expiring that year.  Individuals seeking nomination

                  for the expiring offices must submit a petition which shall contain no

                  fewer than five (5) signatures of designated voting members in good

                  standing and shall be submitted to the nominating committee at least thirty

                  (30) days prior to the election of officers.  Designated voting members may

                  not sign additional petitions for the same office.  The nominating committee

                  shall publish its nominations at least fourteen (14) days prior to each election.

                  Ballots will be prepared with the nominating committee's selection with

                  write-in spaces provided; all petitioners and the positions they were

                  seeking, not nominated by the committee, shall be listed alphabetically

                  at the bottom of the ballots under "OTHER PETITIONERS NOT      

                  NOMINATED".   Only those listed petitioners are eligible write-ins.

 

            (c)  The election shall be by ballot (unless dispensed with by unanimous consent)

                  and by plurality of the votes cast, each person voting being entitled to cast

                  his vote for each of as many nominees as there are vacancies to be filled

                  (there shall be no cumulative voting)

 

            (d)  At a duly convened regular or special meeting of the membership at which a

                  quorum is present, any one or more of the Directors and/or Officers may be

                  removed with or without cause, by the affirmative vote of voting members

                  casting not less than two-thirds (2/3) of the total votes present at such

                  meeting.  A special meeting of the members to recall a Director or Officer,

                  may be called by ten percent (10%) of the members giving notice of the

                  meeting as required for a meeting.  A successor may then and there be

                  elected to fill any vacancy created.  Should any vacancy not be filled by the

                  members, the Board may fill the vacancy in the manner provided below.

 

            (e)  If the office of any Director or Officer becomes vacant by reason of death,

                  resignation, disqualification or removal from office, a majority of the

                  remaining Directors and Officers, though less than a quorum, shall choose a

                  successor who shall hold office for the balance of the unexpired term of

                  office of the Director or Officer he replaces.

 

 

 

            Page 5             Imperial Terrace West Homeowner's Association, Inc.

                                    By-laws dated March 28, 2009

 

 

 

            (f)  Any Director or Officer may resign at any time by sending written                       notice of  such resignation to the office of the corporation.  Any

                  Director or Officer shall become disqualified to hold office upon the

                  transfer of his membership certificate.

 

4.3       Terms of Directors. Director's terms shall be for three (3) years on a      rotating basis    with one new Director from each district elected each year.              No Director shall serve for more than two (2) consecutive terms.           Directors shall remain in office until their successors are elected.

 

4.4       Terms of Corporate Officers.  The terms of Corporate Officers shall be for        a period of one (1) year.  Any Corporate Officer may serve on the Board        with no term limit, however they must petition to be elected each year.

 

4.5       Organizational Meeting.  The organizational meeting of the Board of       Directors shall be held immediately after their selection at the annual        meeting and no further notice of the organizational meeting shall be         necessary.

 

4.6       Regular Meetings.  Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a         majority of Directors.  Meetings of the Board of Directors shall be opened         to all members and notice of meetings of the Board of Directors shall be    posted as directed in Article III, Section 3.2. (b).

 

4.7       Special Meetings.  Special meetings of the Board of Directors may be   called by the President, or in his absence, by the Vice-President and must      be called by the President or Secretary at the written request of one-third          (1/3) of the members of the Board.  Notice of the meeting shall be posted    as directed in Article III, Section           3.2 (b).

 

4.8       Waiver of Notice.  Any Officer or Director may wave notice of a meeting          before or after the meeting.  Attendance by any Officer or Director at a        meeting shall constitute a waiver of notice of such meeting unless the             Officer or Director states that his attendance is for the express purpose of          objecting to the transaction of business because the meeting is not lawfully       called.

 

4.9       Quorum.  A quorum at a Board of Director's Meeting shall consist of a majority of the entire Board.

 

4.10     Adjourned Meetings.  If at any meeting of a Board of Directors, there is            less than a quorum present, the majority of those present may adjourn the          meeting from time to time until a quorum is present.  At any adjourned             meeting, any business that might have been transacted at the meeting as originally called may be transacted without further notice 

 

Page 6                         Imperial Terrace West Homeowner's Association, Inc.                                          By-laws dated March 8, 2012

  

 

4.11     Order of Business.  The order of business at the Board of Director's Meeting shall

            be:

 

            Approval of minutes of last meeting.

                        (a)  Consideration of communications

                        (b)  Resignations and elections

                        (c)  Reports of Officers and employees

                        (d)  Reports of committees

                        (e)  Unfinished business

                        (f)  Original resolutions and new business

                        (g)  Adjournment

 

4.12     Minutes of meetings.  The minutes of all meetings of the Board of Directors shall

            be kept in a book with a copy posted on the bulletin board in the clubhouse for

            inspection by members.  Minutes of the meetings of the Board of Directors shall             be retained for a period of not less than seven (7) years.

           

4.13    Executive Committee.  The duly elected officers of the corporation shall constitute

            an executive committee of the Board of Directors.  Such executive committee    shall have and may exercise all of the powers of the Board of Directors in

            management of the business and affairs of the corporation during the intervals     between the meetings of the Board of Directors insofar as may be permitted by       law, except that the executive committee shall not have the power to establish the      budget of the corporation or determine the cash requirements or assessments     payable by the membership to meet the common expenses of the corporation or to amend or adopt rules governing the details of the operations and use of the    corporation property.

 

4.14     Compensation.  Officers or Directors shall not be entitled to any compensation for

            their services.

 

ARTICLE V    POWERS AND DUTIES OF THE BOARD OF DIRECTORS

 

The Board of Directors shall have the powers and duties necessary for the administration

of the affairs of the corporation and may do all acts except such acts, which by law or by

these By-laws, may not be delegated to the Board of Directors by the membership.  The

Board of Directors shall have the power and duty to:  Determine the expenses required

for the operation of the corporation; establish committees of the Board of Directors and

committees of members; collect assessments necessary for the common expenses of the

corporation; maintain bank accounts; purchase or acquire membership certificates in the

name of the corporation; exercise all powers specifically set forth in the Articles of

Incorporation, these By-laws and the laws of Florida

             

 

Page 7                         Imperial Terrace West Homeowner's Association, Inc.                                                       By-laws dated March 28, 2009

 

 

 

ARTICLE VI     OFFICERS

 

6.1  President.  The President shall be the chief executive officer of the corporation

       and Chairman of the Board of Directors.  The President shall preside at all

       meetings of the membership.  The President shall have general supervision over

       the affairs of the corporation and other officers.  The President shall sign all

       written contracts and perform all of the duties incident to the office and such

       duties as may be delegated to him from time to time by the Board.

 

6.2  Vice President.  The First Vice President shall perform such duties as may be

       required of him by the Board and in the absence of the President those duties

       incidental to the office of President.

 

6.3  Secretary  The Secretary or Acting Secretary shall issue notice of meetings,

       shall attend and keep minutes of all meetings and shall have charge of all of the

       books and records of the corporation, except those kept by the Treasurer.

 

6.4  Treasurer.  The Treasurer shall be responsible for custody of the corporation's

       funds and securities, keeping of full and accurate accounts of the corporation's

       receipts and disbursements and depositing of monies and other valuable effects

       in the name of and to the credit of the corporation in such depositories as may

       be designated by the Board.  The Treasurer shall account for all funds to the

       corporation and the membership in accordance with Florida law.

 

6.5  Compensation.  No Officer shall be compensated for his/her services

 

6.6  Resignation.  Any Officer may resign his post at any time by written resignation

       delivered to the Secretary, which shall take effect immediately unless a later day

       is specified therein.

 

ARTICLE VII      CORPORATE FUNDS

 

7.1  Depositories.  The funds of the corporation shall be deposited in such

       depository financial institutions as may be determined and approved by

       vote of the majority of the Board.  Funds shall be withdrawn only upon drafts

       and demands for money, except monthly operating expenses, as defined by the

       Board and paid out only on a warrant signed by the Secretary.

 

7.2  Purchases and Contracts.  Al major purchases and/or contracts for services, as

       defined by the Board of Directors, will be negotiated by a Committee of at least

       three members and three written bids by licensed and insured contractors must

       be obtained for presentation to the Board of Directors for approval, with the

       exception of an emergency.             

 

Page 8                         Imperial Terrace West Homeowner's Association, Inc.                                                       By-laws dated March 28, 2009

 

 

7.3  Funds Carryover.  This being a non-profit corporation, every effort should be

       made to reduce any outstanding debts at the end of the calendar year.

 

7.4  Fiscal Year.  The fiscal year of the corporation shall begin on the first day of

       January each year; provided however, the Board is expressly authorized to

       change to a different fiscal year if it deems it advisable

 

7.5  Cash Requirements.  Each owner of a membership certificate shall be liable for a

       percentage or portion of the common expenses.

 

7.6  Assessments.  Common expenses, assessments and the budget which is the base

       for the assessments, shall be in accordance with the law.

 

7.7  Execution of Documents.  Except as otherwise provided by law, checks, drafts,

       promissory notes, orders for the payment of money and other evidences of

       indebtedness of this Corporation must be signed by any two of the following:

       The President, Vice President or Treasurer.  Contracts, leases or other

       instruments executed in the name of and on behalf of the Corporation will be

       signed by the Secretary and countersigned by the President and will have

       attached copies of the resolutions of the Board of Directors certified by the

       Secretary authorizing their execution.

 

7.8  Determination of assessments.  Any budget and/or assessments will be made in

       accordance with Section 3 of the Corporation's covenant (Declaration of

       Restrictions.)

 

7.9  Application of Payments and Commingling of  Funds.  All sums collected by the

       Corporation from common expenses assessments, other charges and income

       may be commingled in a single fund or divided into more than one fund, as

       determined  by the Directors.  Any delinquent payment by a member shall be

       applied to interest, costs and attorney's fees, other charges, expenses, advances

       and general or special assessments in such manner and amounts as the Directors

       determine.

 

7.10  Acceleration of Assessment Installments Upon Default.  If a member shall be in

         default in the payment of an installment upon an assessment, the Directors may

         accelerate the remaining installments of the assessment upon notice to the

         member, and the unpaid balance of the assessment shall be due upon the date

         stated in the notice, but not less than five (5) days after delivery of the notice to

         the member, or not less than ten (10) days after the mailing of such notice to him

         by registered or certified mail, whichever shall first occur

 

7.11  Audit.  An audit of the amount of the Corporation may be made from time to time.              

 

Page 9                         Imperial Terrace West Homeowner's Association, Inc.                                                       By-laws dated March 28, 2009 

 

            as directed by the Directors.  A copy of any audit report received as a result of

            an audit or written summaries thereof shall be furnished each member of the

            Corporation not less than thirty (30) days after its receipt by the Directors and at

            least annually to each member.  The report shall meet the requirements of

            Section 719.104 (2), Florida Statutes.

 

7.12     Accounting Records and Reports.  The accounting records shall be maintained at

            the principal offices and open to inspection by members or their authorized

            Representative at reasonable times, and written summaries of them shall be

            supplied at least annually, as set out in Paragraph 7.8 above.  The records shall

            include, but not limited to (a): a record of all receipts and expenditures, and 9b)

            an account for each membership certificate designating the named  and current

            mailing address of the member, the amount of each assessment, the dates and

            amounts in which the assessments come due, the amount paid upon the account

            and the balance due.

 

7.13     Corporate Funds.  All proposed new Capital Improvements projects exceeding

            $10,000 must be approved, in accordance with section 2.2 at a meeting held for

            the purpose of such vote, as set forth in the By-laws.

 

ARTICLE VIII.  ROSTER OF MEMBERS

 

            The corporation shall maintain ownership records entitled “Certificate Owners”.

 

ARTICLE IX. PARLIAMENTARY RULES

 

            Robert’s Rules of Order (latest edition) shall govern the conduct of the Corporation

            meetings when not in conflict with the Articles of Incorporation or these By-laws.

 

ARTICLE X. AMENDMENTS

 

            Except as otherwise provided elsewhere, these By-laws may be amended in the

            following manner:

 

10.1       Notice.  Notice of the subject matter of a proposed amendment shall be included

            in the notice of any meeting at which a proposed amendment is to be considered.

 

10.2       Proposal.  A resolution for the adoption of a proposed amendment may be

            proposed either by a majority of the Board of Directors or by not less than

            one third (1/3) of the members.

 

page 10                       Imperial Terrace West Homeowner’s Association, Inc.

                                    By-laws dated January 11, 2014

 

 

10.3  Adoption.  A proposed amendment shall be approved by the affirmative vote

         of a majority of the voting members casting votes proved in Article 2.2 (b)

         of these By-Laws.

 

10.4  Consent to Amendments.  No amendments to the By-laws shall be valid without

         the written consent of one hundred percent (100%) of the members affected by

         any amendment that changes the proportion or percentage by which the owner of

         the unit shares the common expenses and owns the common surplus and equity in

         the Corporation or changes or modifies the voting rights.

 

10.5  Errors and Omissions.  In the event it shall appear that there is an error or omission

         in these by-laws or exhibits thereto or any cooperative document, then and in that

         event, the corporation may correct such error and/or omission by an amendment to  

         these By-laws in the manner hereinafter described to effectuate an amendment for

         the purpose of curing defects, errors or omissions.  Such an amendment shall not

         require a vote of approval as provided in Paragraph 10.2 above, but shall require a

         vote in the following manner:

 

            (a)  Notice of the subject matter of a proposed amendment to cure a defect

                   error, or omission shall be included in the notice of any meeting at which

                   such proposed amendment is to be considered.

 

            (b)  A resolution for the adoption of such a proposed amendment may be

                   made by either the Directors or by the members of the Corporation.

                   Except as elsewhere provided, approval of such amendments must either

                   be by:

 

                        (i)  Not less than thirty-three and one third percent (33 1/3) of the

                              entire membership of the Board of Directors and by not less than ten

                              percent (10 %)  of the votes of the entire membership of the

                              Corporation; or

                        (ii)  Not less than twenty-five percent (25%) of the votes of the entire

                               membership of the Corporation

 

            (c)  The forgoing provisions relating to amendments for defects, errors or

                   omissions is intended to be in accordance with and pursuant to Section

                   719.304 (1) , Florida Statutes.

 

            (d)  The amendment made pursuant to this paragraph need only be executed

                   and acknowledged by the Corporation and by no other parties whatsoever.

 

page 11                       Imperial Terrace West Homeowner’s Association, Inc.

                                    By-laws dated March 28, 2009

 

 

ARTICLE XI     ELECTION OF REMEDIES

 

All rights, remedies and privileges granted to the Corporation or a member

pursuant to any terms, provision, covenants or conditions of the cooperative

documents shall be deemed to be cumulative and the exercise of any one or

more shall neither be deemed to constitute an election of remedies nor shall it

preclude the party thus exercising the same from exercising such other

additional rights, remedies or privileges as may be granted by the cooperative

documents.

 

ARTICLE XII     INDEMNIFICATION

 

Every Director and Officer of the Corporation shall be indemnified by the

Corporation against all expenses and liabilities, including counsel fees

reasonable incurred or imposed upon him in connection with any proceeding

or settlement thereof in which he may become involved, by reason of his being

or having been a Director or Officer of the Corporation.  This indemnification

shall apply whether or not he is a Director or Officer at the time such liabilities

or expenses are incurred, except in cases wherein the Director or Officer is

adjudged guilty of willful misfeasance or malfeasance in the performance of his

duties.  In the event of a settlement, the indemnification established herein shall

apply only when the Board approved such settlement or reimbursement.  The

foregoing right of indemnification shall be in addition to and not exclusive of

any and all other rights of indemnification to which such Director or Officer may

be entitled.

 

ARTICLE XII   LIABILITY SURVIVES TERMINATION OF MEMBERSHIP

 

The termination of membership in the Corporation shall not relieve or release

any former member from any liability or obligation incurred under or in any

way connected with the cooperative during the period of ownership and

membership, or impair any right to remedies which the Corporation may have

against such former owner or member, arising out of, or which is in any way

connected with such ownership and membership.

 

ARTICLE XIV       SEAL

 

 

The seal of the Corporation shall have inscribed thereon the name of the

Corporation, the year of its organization, and the words "Non-Profit".  Said

seal may be used by causing it or facsimile thereof to be impressed affixed,

reproduced or otherwise.  

 

page 12                       Imperial Terrace West Homeowner’s Association, Inc.

                                    By-laws dated March 28, 2009

 

 

ARTICLE XV      MEMBERSHIP CERTIFICATES

 

15.1     Issuance.  The manner of issuing membership certificates shall be determined by the Board of Directors.

 

15.2          Execution.  Membership certificates shall be signed by the President and

the Secretary and shall have the corporate seal affixed thereto.

 

15.3          Form of Membership Certificate.  The form of membership certificates

shall be determined by the Directors.

 

15.4     Transfers, Transfers of membership certificates shall be made only on

the books of the Corporation.

 

 

ARTICLE XVI     CONSTRUCTION

 

Whenever the masculine singular form of the pronoun is used in these By-laws

it shall be construed to mean masculine, feminine, or neuter, singular or

plural, wherever the context so requires or permits.

 

When the term “a corporation” is used in these By-laws, it is defined as any

corporation holding a membership certificate.

 

Should any of the By-laws herein imposed be void or be or become unenforceable

at law or in equity, the remaining provisions of this instrument shall, nevertheless

be and remain in full force and effect.

 

Passed and adopted on:                        January 13, 1990

Amended on                                         January 4, 1992

Amended on                                         March 15, 1996

Amended on                                         January 17, 1998

Amended on                                         October 8, 2003

Amended on                                         April 6, 2005

Amended on                                         March 28, 2009

Amended on                                         March 7, 2012

Amended on                                         January 11, 2014         

 

Imperial Terrace West Homeowners Association, Inc   

 

By:                                                                             Wayne Tensfield    ITWHOA President

ATTEST

                                               

Secretary

page 13                       Imperial Terrace West Homeowner’s Association, Inc.

                                    By-laws dated January 11, 2014