There have been a lot of questions about deed restrictions.  Printed below are the original deed restrictions, written in 1973, and never changed.  As you can see, 14 deal exclusively with lot lines and building standards and 11 deal with restrictions that we have to follow.  These last 11 are the important ones.  These 25 are the only restrictions that are enforceable.

DECLARATION OF RESTRICTIONS

FOR

HOVSONS OF FLORIDA, INC.

HOVSONS OF FLORIDA, INC., a Florida corporation, the owner of all of the land located in Palm Beach County, Florida, and as shown on Exhibit Sheet A attached hereto and made a part hereof, which land is to be platted into several subdivisions, each to be called "Holiday City at Boca Raton", with a different numerical designation for each subdivision, does hereby make, declare and impose upon all lots located in said subdivisions, the following restrictions and covenants:

    1.  DEFINITION OF TERMS:

    A.  "Association" means HOLIDAY CITY AT BOCA RATON HOMEOWNERS' ASSOCIATION, INC., a Florida corporation, its successors or assigns, of any or all of its rights under this Declaration of Restrictions.

    B.  "Subdivider" means HOVSONS OF FLORIDA, INC., a Florida corporation, its successors or assigns, of any or all of its rights under this Declaration of Restrictions.

    C.  "Owner" or "Owners" means the owner or owners of all lots in these subdivisions, their heirs, successors, legal representatives, or assigns.

    D.  "Subdivision" refers to the various HOLIDAY CITY AT BOCA RATON subdivisions as they are recorded in the Public Records of Palm Beach County, Florida.

    2.  NOTICE TO SUBDIVIDER.  Notice to the "Subdivider" or requests for approval of plans, specifications and location of buildings or signs shall be in writing and delivered or mailed to the Subdivider at its principal place of business, which is presently Palmetto Park Road, Route 441, Boca Raton, Florida 33432.

    3.  NOTICE TO OWNER.  Notice to any "Owner" of a violation of any of these restrictions shall be in writing and shall be delivered or mailed to the Owner at the address shown on the Tax Rolls of Palm Beach County, Florida, or if not shown thereon, to the address of the Owner, as shown on the Deed as recorded in the Public Records of Palm Beach County, Florida.

    4.  UTILITY EASEMENTS.  There are hereby reserved for the purpose of installing and maintaining municipal and public utility facilities and for such other purposes incident to the development of the property those easements shown upon the recorded Plat of the Subdivision, and there is also hereby reserved easements and rights of way for constructing anchor guys for electric and telephone poles, as shown on the recorded Plat of this Subdivision.

    5.  NO SUBDIVISION.  None of the lots in this Subdivision shall be divided nor sold except as a whole, without the written approval of the Subdivider.  In no event shall any lot have a frontage of less than 70 feet at the building setback line.

    6.  NON-LIABILITY OF SUBDIVIDER.  The Subdivider herein shall not in any way or manner be held liable or responsible for any violation of these restrictions by any person other than itself.

    7.  REMEDIES FOR VIOLATIONS.  Violations or any breach of any restriction or covenant herein contained by any Owner, shall give the Subdivider in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms of said restrictions or covenants, and to prevent the violations or breach of any of them.  In addition to the foregoing, the Subdivider shall have the right, whenever there shall have been built any structure which is in violation of these restrictions, to enter upon the property where such violations of these restrictions exist, and summarily abate removal of the violation, and such shall not be deemed a trespass.  Any delay by the Subdivider in enforcing any of the restrictions or covenants herein contained, no matter how long continued, shall not constitute a waiver of any of the restrictions or covenants herein contained, nor a waiver of its right to enforce them.

    8.  RESTRICTIONS ARE COVENANTS RUNNING WITH THE LAND.  The restrictions and covenants contained herein shall run with the land and shall inure to the benefit of and be enforceable by the Subdivider.

    9.  INVALIDATION CLAUSE.  Invalidation of any of these covenants or restrictions by a court of competent jurisdiction shall not affect any of the other covenants or restrictions herein set forth, which shall remain in full force and effect.

    10.  USE RESTRICTION.  Lots may only be used for single-family residences.  No business buildings may be erected on any lot and no business may be conducted on any part thereof, nor shall any building on any portion thereof be used or maintained as a professional office.

    11.  SIGNS.  No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period, except that no sign of any kind may be placed on any vacant lot before January 1, 1972.

    12.  PLANS, SPECIFICATIONS AND LOCATIONS OF BUILDINGS.  No building or structure of any kind, including additions, alterations, pools, fences, walls, patios, terraces or barbeque pits shall be erected or altered until the plans and specifications, location and plot plan therefore, in detail and to scale, shall have been submitted to and approved by the Subdivider in writing before any construction has begun.  Roofs of all residences shall have a minimum pitch of 2-1/2:12 feet and shall be of flat or barrel tile, slate or copper or a stepped Bermuda type, as defined by common usage in Palm Beach County, or poured lightweight aggregate concrete material, except that a flat roof may be used over porches, Florida rooms, or walkways, but in no event shall the flat roof area comprise over 40% of the total roof area.  In the event that some new attractive material for roofing surfaces is discovered or invented, the Subdivider may, in its discretion, approve the use of such new material.

    Telephone connections from the residences to the main cables supplied by the Telephone Company must be installed underground, at the Owner's expense.  Each Owner is responsible for complying with all of the covenants contained herein and shall notify any and all persons and lessees who may be using the Owner's premises of these restrictions and covenants.  Refusal of approval of plans and specifications, location and plot plan, by the Subdivider, may be based on any ground, including purely aesthetic grounds, in the sole and absolute discretion of the Subdivider for a maximum period of three (3) years.

    The minimum floor area of each single family dwelling shall be the square footage as set forth in the Palm Beach County Zoning Code.  The method of determining floor area shall be as stated in Paragraph 14.  The Subdivider may appoint an architectural control committee composed of three (3) members.  The majority of this committee may designate a member to act for it.  In the event of death or resignation of any member of the committee, the Subdivider shall have the full authority to designate a successor.  Neither the members of the committee nor the designated representatives shall be entitled to any compensation for services performed pursuant to this covenant.  At any time after January 1, 1985, the then recorded owners of a majority of the lots shall have the power, through a duly recorded written instrument, to change the membership of the committee or restore it to any of its powers and duties.  This committee shall act for the Subdivider for approval of plans, specifications and location of buildings.

    13.  SETBACK REQUIREMENTS.  All residences shall have minimum set back requirements as set forth in the Palm Beach County Zoning Code.  Variations of set back lines for corner lots and odd-shaped lots may be authorized by the Subdivider at the time when plans for the building are approved all of which shall be in keeping with the Palm Beach County Zoning Code.

    14.  SIZE OF BUILDING.  Any building constructed as a single family dwelling must contain the minimum square footage as set forth in the Palm Beach County Zoning Code.  The method of determining square foot area of proposed buildings and structures or additions and enlargements thereto shall be to multiply the outside horizontal dimensions of the building or structure at each floor level.  Garages, porches, patios and terraces shall not be taken into account in calculating the minimum square foot area required.

    15.  GARAGES.  No garage shall be erected which is separate from the main building, and no unenclosed storage area shall be erected.

    16.  NO TEMPORARY BUILDING.  No tents and no temporary or accessory building or structure shall be erected without the written consent of the Subdivider.

    17.  CLOTHES DRYING AREA.  No outdoor clothes drying area shall be allowed except in the rear yard, and shall be screened from view.  Any clothes lines utilized should be of the removable umbrella type only.

    18.  GARBAGE CONTAINERS.  All garbage or trash containers, oil tanks and bottled gas tanks must be underground or placed in walled-in areas or screened so that they shall not be visible from the adjoining properties, except on those days scheduled for pick up by the Sanitation Department.

    19.  FENCES.  Only wire woven fences may be placed from the rear of the main residential wall to the rear area of the property and are not to be over five (5) feet in height.  Any questions as to height shall be determined by the Subdivider.

    20.  LAWNS AND LANDSCAPING.  All lawns in the front of the property shall extend to the pavement line of the street.  No gravel or blacktop or paved parking strips are to be allowed except as approved on the plot plan of the plans and specifications.  The owner shall be responsible for the caring and maintenance of the grass swale area from the sidewalk to the edge of the street.

    21.  MAINTENANCE OF PREMISES.  No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon any lot, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon.  In the event that any owner shall fail or refuse to keep his premises free of weeds, underbrush or refuse piles or other unsightly growths or objects, then the Subdivider may enter upon said lands and remove the same at the expense of the Owner, and such entry shall not be deemed a trespass.

    22.  NUISANCES.  Nothing shall be done which may be or may become an annoyance or nuisance to the neighborhood.  No cattle, horses, swine, goats, poultry or fowl shall be kept.  In the event of any question as to what may be or may become a nuisance, such question shall be decided by the Subdivider and its decision shall be final.

    23.  TRUCKS, BOATS AND TRAILERS.  No trucks, campers, boats, trailers or mobile passenger trailers shall be permitted to be parked for a period of more than four hours on or near any lot unless the same is present and necessary in the actual construction or repair of buildings on the property or for deliveries to the property.  No trucks, campers, boats, trailers or mobile passenger trailers shall be parked overnight on or near the property unless located within the confines of the garage, with the garage door closed.

    24.  WATER WELLS.  No owner shall be permitted to install or use any ground water wells, unless used for the express and sole purpose of filling and refilling any swimming pool located within the subdivision.

    25.  WATERWAYS AND CANALS.  The Association has been formed primarily for the purpose of being responsible for the maintenance and upkeep of the waterways and canals located in the Subdivision which are hereby dedicated in perpetuity to the Association to insure they will continue to enhance the appearance of the Subdivision and to serve a functional purpose, for the draining of the lands and roads within the Subdivision and for the operation of the control structure.  In addition, neither the configuration nor the storage volume of said waterways and canals can be altered or changed in any manner.  Each Owner shall be liable for and shall promptly pay to the Association initial dues in the amount of Two Dollars ($2.00) per month per lot owned.  If any Owner fails to make payment within thirty (30) days of being notified, a lien on the Owner's land shall arise which lien shall be enforceable in the manner provided by the laws of Florida and all court costs and attorney's fees incurred in the collection of such liens shall be paid by the Owner.  If the costs involved in carrying out the provisions of this Paragraph exceed the amount stated above, then each Owner shall be responsible for his pro-rata share to be divided equally among each lot owner.  The members of the Association hereby acknowledge that even though the Waterways and Canals located within the Subdivision which have been dedicated to the Association, are private, they hereby grant to Palm Beach County the right to drain any excess storm drainage into said Canals and Waterways.

    IN WITNESS WHEREOF, HOVSONS OF FLORIDA, INC., a Florida Corporation, hereby executes this Declaration of Restrictions in its name by its undersigned authorized officer and affixes its corporate seal hereto, this 16th day of October, 1973, at Boca Raton, Palm Beach County, Florida.

Robert C. Monprode             HOVSONS OF FLORIDA, INC.

Richard Monprode                BY: ROBERT J. MONPRODE,

                                                Vice President

STATE OF FLORIDA

COUNTY OF PALM BEACH

    BEFORE ME, personally appeared ROBERT J. MONPRODE, to me well known, and known to me to be the individual described in and who executed the foregoing instrument as Vice President of HOVSONS OF FLORIDA, INC., a Florida Corporation, and he acknowledged to and before me that he executed such instrument as such officer of said Corporation, and that the seal affixed to the foregoing instrument is the Corporate Seal of the said Corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said Corporation.

    WITNESS my hand and Official Seal, this 16th day of October 1973.                                             Signature

                                                    Notary Public

Last modified: June 13, 2001

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