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Summary of Document Changes
The purposes of the document revision are to eliminate irrelevant sections pertaining to the developer, to make changes necessitated by Florida law, and to make changes which will improve the suitability of the documents to the Orchards. No restrictions have been added, while unnecessary ones have been removed. The following is a summary of the changes between the two documents, following the order of the old one, with the old and new sections identified. (A copy of the old documents can be obtained from the Collier County Clerk’s website (Log on to http://www.collierclerk.com/RecordsSearch and search “Official Land Records” for business “Centex” and the date 3/22/1994.) or from Guardian and a copy of the new ones from the website (www.orchardscommunity.com) or from Guardian.) Since the new documents are a complete restatement, this is a guide to comparing them section by section. Different phrasing that does not affect the meaning of a section is not noted here. The Board welcomes any comments and questions regarding the draft revision. Since it is for the benefit of the residents, we will recognize and address all valid concerns before putting the proposed new documents to a vote of the residents.
Declaration of Protective Covenants
Terminology and Definitions (Old and New Section 1): No changes except as required by law and relevance Plan for Development and Use (Old Section 2): Dropped. Easements (Old Section 3, New Section 4): Sections pertaining to the developer were dropped. Easement policies regarding roads, sidewalks, utilities, lakes, and Association access were not changed. New Section 4.1 specifies the rights of residents to use the common areas. New Section 4.6 expands old Section 3.5 and clarifies the rights of the Association to take those actions necessary to maintain the common areas. The Community Association (Old Section 4, New Section 2, Articles IV and VII, Bylaws Sections 2 and 4): The legal powers and obligations of the Community Association were made explicit in the new Section 2. Some parts on the membership and the Board were moved to the indicated Articles and Bylaws. A list of services which the Board may, but need not, perform was removed, as were developer issues. Assessments/Liens (Old Sections 5, 6, and 7, New Section 3, Article IX, Bylaws 6.4-6): The covenant to pay (5.1), purpose (7) and share (6.1) of assessments, and payment (6.2) and collection requirements (5.3 and 5.7) were not changed. The section on liens (5.2) has been revised as needed to conform to current law and to better protect the Association. Indemnification of the Board (7.6) was moved to Article IX. Reserves (7.11) are now addressed in Bylaw 6.4. Quarterly payment of assessments is in Bylaw
2 6.5. The section on special assessments (6.3) has been revised for clarity and to allow limited emergency Board actions (Bylaw 6.6). Itemized lists of operating and administrative expenses and sections pertaining to the developer were dropped. Preservation of Values (Old Section 8, New Sections 6 and 7 and parts of 4, 5, 8, 10, and 12 as noted): The following sections were dropped: 8.1.8, 8.1.18, 8.1.20, 8.1.22, and 8.1.27. The following relocations and changes were made: Single family use: 8.1.1 to 7.1 and clarified. Nuisances: 8.1.2 and 8.1.3 to 7.7 and clarified. Leases: 8.1.4 to 10 and expanded to maintain community quality. Drainage: 8.1.5 to 7.20. No changes. Antennas: 8.1.6 to 7.26 and revised to reflect current law. Garbage: 8.1.7 to 7.16. No changes. Signs: 8.1.9 to 7.8 and clarified. Pets: 8.1.10 to 7.6 with pit bull restriction dropped. Clotheslines: 8.1.11 to 7.23. No changes. Temporary structures: 8.1.12 to 7.10. No changes. Lakes: 8.1.13 to 7.14 with irrigation restriction dropped. Garage uses: 8.1.14 to 7.12. No changes. Drain easements: 8.1.15 to 4.3. No changes Additions/Alterations: 8.1.16 to 6.1. No changes. Negligence: 8.1.17 to 5.4 and clarified. Maintenance: 8.1.19 to 7.24 and 5.1 and simplified. Home damage repairs: 8.1.21 to 8.2-4 and clarified. Lake easements: 8.1.23 to 4.4. No changes. Vehicles: 8.1.24 to 7.11. No changes. Parking: 8.1.25 to 7.12 with requirement to use garage spaces first added. Window décor: 8.1.26 to 7.18. No changes. Water and sewage: 8.1.28 and 8.12.29 to 7.25. No changes. Lakefronts: 8.1.30 to 7.14. No changes Compliance: 8.1.31 to 12.2. No changes. No implied waiver: 8.1.32 to 12.1. No changes. ACC: 8.2 to 6. The committee: 8.2.1 and 8.2.2 to 6.2. No changes. Improvements requiring approval: 8.2.3 to 6.1. No changes. Powers and duties: Remainder of 8.2 to 6.3 and 7.15. No changes. The following additions codify current standards: Occupancy restrictions: 7.2 thru 7.4. Supervision of minors: 7.5. Garage sales: 7.9 (must be scheduled by the Board). Storage tanks: 7.13 (cannot be aboveground). Mailboxes: 7.17 (must conform to community standards).
3 Utility lines: 7.19 (must be underground). Roofs: 7.21 (ACC approval required for replacement). Holiday decorations: 7.22 (decorations approved). Sports equipment: 7.27 (keep in good repair and store when not in use). Maintenance and repair (Old Section 9, New Section 5): No changes. Association Insurance (Old Section 10, New Section 8): The Association is now required to maintain at least property, liability, automobile, and workers compensation insurance. The common area improvements must be repaired and restored to their original state as necessary in the event of covered damage. Homeowners must carry insurance sufficient to protect other residents from loss or liability in the event of damage to the owner’s home. Eminent Domain and Rights of Declarant (Old Sections 11 and 12): Dropped. General Provisions (Old Section 13, New Sections 11 and 12): Relevant portions were kept, irrelevant ones dropped. A new Section 9 was added, covering ownership and transfer of homes. This section makes explicit current policies and ensures that they comply with applicable laws.
Articles of Incorporation
Definitions (Old Article I): dropped. Name (Old Article II, New Article I). Purposes (Old and New Article III). Powers (Old Article IV, New Declaration Section 12.9 and New Article III.). Members (Old Article V, New Article IV, Bylaws 2.1 and 3.4). Term (Old Article VI, New Article V). Incorporator (Old Article VII): dropped. Officers (Old Article VIII, New Article VI). First officers (Old Article IX): Dropped. Board of Directors (Old Article X, New Article VII and Bylaw 4). Indemnification (Old Article XI, New Article IX) Bylaws (Old Article XII, New Article VI). Amendments (Old Article XIII, New Article VIII). Office (Old Article XIV, New Article II).
Bylaws
Identification (Old and New Section 1). Terminology (Old Section 2, New Section 1). Members (Old and New Section 3): Member qualifications were moved to Section 2.
4 Board/Meetings (Old and New Section 4): Minutes requirements were moved to Declarations Section 2.8. Powers and Duties of Board (Old Section 5, New Declarations Section 2.7). Late fees (Old Section 6, New Declarations Section 3.7). Officers (Old Section 7, New Section 5). Resignations (Old Section 8, New Section 4.4). Accounting and Fiscal Mgt. (Old Section 9, New Section 6). Rules and Regulations (Old Section 10, New Section 7). Parliamentary Rules (Old Section 11, New Section 3.10). Amendments (Old Section 12, New Section 9.2). Fines (Old Section 13, New Section 8.1).