Venetian Bay HOA By Laws

Welcoming families home for over 65 years.

VENETIAN BAY HOMEOWNERS ASSOCIATION, INC. 424 Luna Bella Lane Suite 119 New Smyrna Beach, Florida 32168

DESIGN REVIEW COMMITTEE (DRC) RULES AND REQUIREMENTS

Revised August 30, 2022

The following Rules and Regulations are subject to change depending on conditions, available materials and other such criteria that require consideration by the Design Review Committee (DRC). Initial submittal by the Homebuilder shall include: a) Plot Plan (Include Lot Number and Address) for new construction, and a survey for all others. b) Floor Plan and Elevations (All four sides) c) Landscape, Irrigation and Exterior Lighting Plan d) Colors (From approved palette) e) Roofing Materials shall be decided prior to DRC submittal

The floor plans, elevations and landscape plans for all models must be provided to receive final DRC approval. Email submittals are encouraged.

Vacant Lots sold to someone other than a developer approved builders, must submit all necessary paperwork as all builders and residents are required to submit. Commencement of the construction of a new home must take place within one year of purchase (the “Commencement Date”). The purchase date shall mean the date affixed to the Buyer’s Deed. The Commencement Date may be extended by an additional 12 (twelve) months, provided the owner receives a waiver in writing from the DRC. The completion of the home must be within 8 (eight) months of the issuance of building permits by the City of New Smyrna Beach. Completion shall be as evidenced by the Certificate of Occupancy (CO) which is also issued by the City of New Smyrna Beach. In addition to all other remedies provided by the Association’s Declaration of Covenants & Restrictions, Articles and Bylaws and the Laws of the State of Florida, with respect to the Association’s authority to impose a monetary fine against a violator’s lot; the Association shall be authorized to levy a fine against a Lot and Owner in violation of this policy in an amount not to exceed $1,000 per month if construction of an approved dwelling unit has not been timely commenced and said fine shall be deemed reasonable for this policy. Submittals by homeowners or their subcontractors must include a copy of the survey with the improvements shown. The color, style and, dimensions of the improvement either on the survey, or on a separate page with the information must be submitted. The name and address of the applicant must be

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Venetian Bay HOA Design Guidelines 8/30/2022

Palms Phase 6 Fencing Key

DATE REVISIONS DESCRIPTION 8/6/21 CITY COMMENTS

TRACT TABLE

LOT AREA TABLE

PHASE 6 LOT TABLE

PHASE

SINGLE FAMILY

MULTIFAMILY

MODERN DUPLEX

TOTAL

ACREAGE

209

68.400

Black Wrought Iorn Aluminum OR Privacy Black Wrought Iorn Aluminum ONLY

S 8 8 ° 2 2 ' 4 1 " E 5 0 . 1 6 '

6 3

6 4

N 2 3 ° 5 3 ' 0 8 " E 3 2 . 5 9 '

6 2

TRACT C STORMWATER DRAINAGE

8 7

8 5

6 6

TRACT D STORMWATER DRAINAGE

15' BUFFER

FLOATING FOUNTAIN

6 0

8 9

6 7

WET DETENTION POND 5

5 9

8 3

FLOATING FOUNTAIN

MEDITATION / YOGA / REFLECTION SHELTER DESIGNED BY OTHERS TRAIL BENCH (TYPICAL 3 PLACES)

8 2

POND OBSERVATION DECK WITH 2 BENCHES (TYPICAL)

TRACT F COMMON AREA

4' WIDE CONCRETE SIDEWALK

6 9

L = 2 6 8 . 8 5 ' R = 3 3 1 . 5 0 ' Δ = 4 6 ° 2 8 ' 0 0 " C H O R D : S 5 9 ° 4 7 ' 5 8 " E 2 6 1 . 5 4 '

9 2

TRACT M COMMON AREA

TRACT G COMMON AREA

9 3

9 6

5 5

97 98

7 9

7 1

9 9

1 0 0

1 0 1

TRACT E COMMON AREA

1 0 2

7 8

5 4

TRACT H COMMON AREA

AREA TO REMAIN NATURAL

1 0 3

1 6 0

7 7

7 5

MAIL KIOSK WITH ADJACENT PARKING

5 3

A P P R O X I MA T E L O C A T I O N D R A I N A G E C A N A L E S M T O R B 5 7 7 1 , P G 2 7 6 9

1 5 9

1 8

TRACT A STORMWATER DRAINAGE

104

7 6

1 6 1

FISHING POND

162

4' BWF

1 6 3

5 2

1 5 8

1 6 4

1 6 5

1 9

1 6 6

1 6 7

1 7

1 6 8

FLOATING FOUNTAIN

FISHING DOCK WITH SHADE STRUCTURE DESIGNED BY OTHERS

1 0 5

1 6 9

TRACT N COMMON AREA

1 6

1 5 7

5 1

TRACT L COMMON AREA

1 5 6

5 0

1 0 6

TRACT LS-1 UCNSB PUBLIC LIFT STATION LS-106

171 1 7 0

155

FLOATING FOUNTAIN

1 0 7

TRACT I COMMON AREA

TRACT K COMMON AREA

WET DETENTION POND 18

2 2

40' NATURAL LANDSCAPE BUFFER

TRACT B STORMWATER DRAINAGE

1 0 8

1 7 2

2 0 9

4 7

1 0 9

2 0 8

1 7 3

1 9 0

1 9 1

2 4

1 4 3

6' CLF

1 1 0

207

1 8 9

1 1

1 7 4

1 9 2

4 5

1 4 2

1 4 4

1 1 1

2 0 6

1 4 1

2 6

1 0

175

1 8 8

1 4 5

1 9 3

1 1 2

2 0 5

4 3

2 7

1 4 0

1 7 6

1 8 7

1 4 6

1 1 3

1 9 4

2 0 4

2 8

1 7 7

1 8 6 185 184

8 7

1 3 9

1 5 4 1 5 3 1 5 2 1 5 1 1 5 0 1 4 9 1 4 8 1 4 7

1 1 4

2 0 3

2 9

1 7 8

1 9 5

1 3 8

TRACT C STORMWATER DRAINAGE

1 1 5

4 0

THIS DRAWING IS THE PROPERTY OF NEWKIRK ENGINEERING ANY USE OR REPRODUCTION IN WHOLE OR PART IS PROHIBITED WITHOUT THE EXPRESSED WRITTEN CONSENT OF NEWKIRK ENGINEERING COPYRIGHT 2013 ALL RIGHTS RESERVED

3 0

2 0 2

1 7 9

1 9 6

15' BUFFER

1 1 6

1 3 7

3 9

3 1

TRACT C STORMWATER DRAINAGE

180

N E

40' NATURAL LANDSCAPE BUFFER

2 0 1

1 1 7

WET DETENTION POND 19

1 3 6

1 8 3 1 8 2 181

197

1 9 8

1 9 9

2 0 0

4 3 2

TRACT O COMMON AREA

1 1 8

4' BWF

3 7

1 3 5

A P P R O X I M A T E L O C A T I O N D R A I N A G E C A N A L E S M T O R B 5 7 7 1 , P G 2 7 6 9

STATE OF

1 1 9

TRACT R COMMON AREA

1 3 4

3 4

3 6

1 2 0

TRACT A STORMWATER DRAINAGE

1 3 3

EXISTING SIDEWALK EXISTING SIDEWALK

HARRY H. NEWKIRK, P.E. # 62971

1 2 1

3 5

1 3 2

126 1 2 5 124 1 2 3 1 2 2

POND OBSERVATION DECK WITH 2

1 3 0 1 2 9 1 2 8 1 2 7

1 3 1

PROJECT No:

2020-189

DATE:

APRIL 2021

WET DETENTION POND 20

BENCHES (TYPICAL)

FLOATING FOUNTAIN

DESIGN BY:

HHN

FLOATING FOUNTAIN

DRAWN BY:

DAB

100

200

CHECKED BY:

HHN

1"=100' GRAPHIC SCALE

25' FP&L ESMT O R B 6 3 1 9 , P G 1 5 2 4

2 5 . 5

25.5

2 5 . 5

T R A C T Q C O M M O N A R E A

2 5 . 5

SCALE:

1" = 100'

C H W

DRAWING NUMBER

N 8 8 ° 3 1 ' 0 3 " W 2 0 0 . 2 5 '

N 8 9 ° 4 1 ' 4 6 " W 7 2 1 . 9 3 '

2 5 ' F P & L E S M T O R B 6 3 1 9 , P G 1 5 2 4

50' SCENIC BUFFER

100' VPD EDGE

R I G H T - O F - W A Y O R B 3 9 4 8 , P G 3 8 5 0

EXISTING 25' FP&L EASEMENT

PROPOSED 25' UCNSB EASEMENT

TSB

50' SCENIC BUFFER

CHW

EXISITNG 25' FP&L EASEMENT

R I G H T - O F - WA Y O R B 3 9 4 8 , P G 3 8 5 0

100' VPD EDGE

10' CONCRETE SIDEWALK

EXISTING

TRAFFIC S I G N A L P O L E

T R A C T Q C O M M O N A R E A

FOR IMPROVEMENTS WITHIN THE FDOT RIGHT-OF-WAY, SEE SHEET No. 16 AND 17

SIGNAL

MONUMENT SIGN (12' MAX. HEIGHT, 100 SF SIGNAGE AREA) (REQUIRES SEPARATE BUILDING PERMIT)

VENETIAN BAY HOMEOWNERS’ ASSOCIATION, INC. C/O EVERGREEN LIFESTYLES MANAGEMENT

270 W. Plant St., Ste #340 Winter Garden, FL 34787

Date: January , 202 3 To: Professional Title From: Evergreen Lifestyles Management, LLC RE:

20 2 3 Master Estoppel – Developer to Builder

1. Date of Issuance and Service of the Estoppel Certificate: So long as the developer is in control and funds the deficit of the Association the following Master Estoppel will apply. Once transition from developer control takes place and the developer becomes subject to the payment of assessments these instructions will no longer be valid. Please note Master Estoppels must be requested yearly. 2. Parcel Address: (Please include parcel and mailing address for new owner on deed.) 3. Name of Parcel Owner: Palms Land Holdings, LLC 4. Parking or garage space number: N/A 5. Attorney’s name and contact information if account has been turned over due to delinquency: N/A 6. The fee for preparation and delivery of the Estoppel Certificate: N/A 7. Name of the requester of the Estoppel Certificate: Professional Title 8. Assessment information and other information: A. The regular periodic assessment levied against the parcel is: $800.00 per year, per Lot. B. The regular periodic assessment is paid through: prorate from date of closing through end of year at $800.00, per Lot . C. The next regular installment of the regular periodic assessment is due annually in the amount of: 202 4 Budget not set at this time, should amount not change assessment will be due in the amount of $800.00.

D. Itemized list of all amounts now due to the Association:

1) Regular Assessments: prorate from date of closing through end year at $800.00, per Lot . 2) Special Assessments: $0.00 3) Interest: $0.00 4) Late Fees: $0.00 5) Administrative Fees : $0.00 6) Attorney’s Fees and Costs: $0.00 7) Total amount now due the Association: prorate from date of closing through end of year $800.00, per Lot .

VENETIAN BAY HOMEOWNERS’ ASSOCIATION, INC. C/O EVERGREEN LIFESTYLES MANAGEMENT

270 W. Plant St., Ste #340 Winter Garden, FL 34787

E. Itemized list of additional assessments and other moneys to become due for the effective period of the Estoppel Certificate assuming delinquent amounts will remain delinquent during effective period of Estoppel Certificate: 1) Regular Assessments: $0.00 2) Special Assessments: $0.00 3) Interest: $0.00 4) Late Fees: $0.00 5) Administrative Fees: $0.00 F. Is there is capital contribution fee, resale fee, transfer fee, and/or other fee due? No. G. Is there any open violation of rule or regulation noticed to the parcel owner in the Association official records: New Construction - Property is not inspected. H. Do the rules and regulations of the Association require approval by the board of directors of the Association for the transfer of the parcel? NO If yes, has the board approved the transfer of the unit? N/A I. Is there a right of first refusal provided to the members or the Association? NO. If yes, have the members exercised that right of first refusal? N/A. J. A list of, and contact information for, all other associations of which the parcel is a member: NO K. Contact information for all insurance maintained by the Association: HIG Insurance of New Smyrna Beach – 386- 944-5555.

Please forward a copy of the certified deed, funds and closing documents to: Evergreen Lifestyles Management - Transfers Department

270 W. Plant St., Ste #340 Winter Garden, FL 34787 transfers@evergreen-LM.com Karina Aguilera Estoppels Coordinator

Venetian Bay Homeowners ’ Association, Inc.

APPLICATION FOR ARCHITECTURAL/LANDSCAPE MODIFICATION

Please return completed application to:

Telephone # 386-402-4449 Lhern@Evergreen-LM.com

DESIGN REVIEW COMMITTEE

VENETIAN BAY HOMEOWNERS ’ ASSOCIATION, INC. 424 LUNA BELLA LN., #121-A, NEW SMYRNA BEACH, FL 32168

This is a request form to be completed by the homeowner and submitted to the Design Review Committee for approval BEFORE any work commences. Please refer to the Governing Documents and Design Guidelines for additional information. Reviews may take up to 30 days for processing from the date a completed application is received in our office.

Name of Owner (s):

Email Address:

Street Address:

Phone number: (best number to reach you)

Date:

Lot #

Phase Name

Approval is hereby requested for the following modification(s), addition(s) and/or alteration(s) as described below and on attached pages: (Check applicable box and/or describe below, Use only one Application Form for each improvement/modification

______ Additions ______ Landscaping

_______ Hurricane Shutters _______ Landscape Curbing

______ Screen Enclosure

_____ Swimming Pool/Spa

______ Patio/Pavers

_____ Exterior Paint

______ Doors ______ Yard Art

_______ Wall/Fence _______ Misc./Other

______ Solar (hot water heater, pool) ______ Generator/Gas Tank/Water

______ Awnings (rear yard only) Description_________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Attach a copy of the property survey that shows the locations of the proposed change, modifications, additions or alterations Attach drawings of your plan, and or photos. Attach color samples, if applicable.

I AGREE:

• To abide by the decisions of the Design Review Committee. • Applications will automatically be denied if the sub-association has not approved the request first. • That if the improvement/modification is not completed as approved, the approval can be revoked and the modification removed at my expense. • That I am responsible for restoring all property affected by my improvement/modification to its prior condition and that I am responsible to pay for and repair any and all damages done to my property, as well as the common areas or adjacent property as a result of the improvement/modification within 60 days following completion. • That any approval granted by the DRC shall not be construed to waive the approval by any State, County or City code requirements, and that I will obtain all necessary permits and comply with all State, County and City code ordinances. • That I am responsible for having all public and private utilities located prior to commencing work on any improvement/modification that requires any digging or modification. • All work will be performed in a timely manner that will minimize interference and inconvenience to other residents. • No work will begin until written approval is received from the DRC. You have 60 days from the approval date to complete the work, if not, then you must reapply for DRC approval. As a condition precedent to granting approval for any change, alteration or addition to any existing basic structure, the Applicant, their hires and assigns thereto, hereby assume sole responsibility for their repair, maintenance or replacement of any such change, alteration or addition . It is understood and agreed that Venetian Bay Homeowners Association, Inc. and Geosam Capital, Inc. are not required to take any action to repair, replace or maintain any such approved change, alteration or addition, or any structure or other property. The homeowner and its assigns assume all responsibility and cost for any additional or change and its future upkeep and maintenance.

Date_______________________________

Owners Signature ____________________________________________________

Venetian Bay HOA Architectural/Landscape Modification Application August 2020

ACTION OF COMMITTEE

_____________________ Recommend Approval with Conditions:

_____________________________________________________________________________________________________

_______________ Request Denied for the following reasons:

_____________________________________________________________________________________________________

________________________________________________________

________________________________________________________ Authorized Signatures for the Design Review Committee

_______Approved__________Denied

Venetian Bay HOA Architectural/Landscape Modification Application August 2020

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05/26/2004 00:50 AM Instrtllleflt# 2004-129559 Book: 5327 Page: 3951

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Prepared By and Return to: Jrunes R. Fisher P.O. Box 290006 Port Orange, FL 32129

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DECLARATION OF COVENANTS AND RESTRICTIONS FOR VENETIAN BAY SUBDIVISION NEW SMYRNA BEACH, VOLUSIA COUNTY, FLORIDA AND NOTICE OF PROVISIONS FOR VENETION BAY HOMEOWNERS'ASSOCIATION, INC. THIS DECLARATION, made this __.___&...--_ of A~ f L , 20()4, by Venetian Bay of New Smyrna Beach, L.L.C. a Florida limited liabilit), company having its principal place of business at 1221 Dunla\Vton Avenue, Port Orange, Florida 32129. Hereinafter, Venetian Bay of New Smyrna Beach, L~L.C. is sometimes referred to as the Developer.

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WITNESSETH

WHEREAS, the Developer is the om1er of certain real property loca.ted in Volusia CoW1ty, Florid~ generally known as Venetian Bay and more particularly described in Exhibit A attached hereto and made a part hereof (the Property); and WHEREAS, in accordance with the applicable provisions of state la.w and local ordinance, Developer intends to subdivide the Property into platted residential subdivisi1Jns known as Venetian Bay, and each platted subdivision will be designated Venetian Bay with the appropriate Unit Nwnber; and WHEREAS, the! Developer intends to develop c>r provide within the Property such public and private streets, Common Areas, Conservation Easement Areas and Drainage Areas as will be indicated on the platted subdivisions; and WHEREAS, there is a need to specify, make and impose covenants and to grant necessary easements for the use and benefit of the platted subdivisions and to provide for effective management, protection, maintenance and administration of the ComrnoL1 Areas, Conservation Easement Areas, Private Roads and Drainage Areas in the platted subdivisions; and WHEREAS, the Developer has caused to be incc,rporated a Florida riot-for-profit corporation known as Venetian Bay Homeowners' Association, Inc. (hereinafter called the O\Vtlers Association:) which has been fonned to manage, maintain and administer tlif~ Common Areas, Conservation Easement Areas, Drainage Areas, private streets, islands and o1her areas and to

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Book: 5327 --Pgge : 3952 -- ,

enforce this Declaration and to collect assessments and generally provide for the orderly enjoyment of the subdivisions to be platted by Developer, its successors or assigns; and WHEREAS, water and sewer utilities servicing the Property shall be provided by the City of New Smyrna Beach, or its successors and assigns. NOW, THEREFORE, this Declaration is made, filed and recorde,d by the Developer so that from the effective date hereof, the real property described in the Legal Description which is attached hereto as Exhibit A, is and shall be held, transferred, sold, con\ 1 eyed, given, donated, leased, occupied, and used subject to the restrictions, conditions, easem~~ts, charges, burdens, assessments, affirmative obligations, and liens (all hereinafter sometimes referred to as the Covenants) hereinafter set forth. This Declaration shall become effective on rhe date and at the time it is filed and recorded in the Public Records of Volusia County. This Declaration does not and is not intended to create a condominium within the Florida Condominium Act.

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ARTICLE[ DEF~lNITIONS AND DESCRIPTIONS OF PROPERTY

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Section 1.1 Definitions. The following words and tenns when used in this Declaration and any supplemental declaration, wtless the context clearly indicates otherwise, shall have the following meanings: a. Associations. Inclusively refers to the Owners Association and any Neighborhood Associations which Developer establishes~ b. Committee shall mean the Design Review Committee appointed by the Developer, 'With responsibilities as defmed in Article II hereof. c.. Common Area shall mean those areas sho\Vll and indicated. as Common Areas on the plats to be recorded and subjected to this Declaration. d. Conservation Easement Ares shall mean all those areas Vlhich are subject to the special use restrictions specified in Section 7.3 of tins Declaration and which are shown and indicated as Conservati<>n Easements on the plats to be 1~ecorded and subjected to this DeclarationJ Except to the extent they are located on Lot, all Conservation Easement Areas shall be dedicated to and owned by the Owners Association in fees simple. The Conservation EflSements, including but not limited to those that restrict the use of a Lot, are fully enforceable by tl1e Owners Association, 2

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Book: 5327 __ pag~ : 3953

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the City of New Smyrna Beach and the Saint Johns River Water Management District.. e. Florida limited liability, its successors and assigns. £ Drainage Area shall mean any Drainage Area or Drairra.ge Easement shovvn indicated on the plats to be recorded and subjected to this Declaration. g. Dwelling Unit shall mean a portion of the Property, \iVhether developed or undeveloped, intended for development, use and occupancy as an attached or detached residence for a single family., and shall unless otherwise specified include within its meaning (by way of illustration, but not limitation) condominium units, townhouse units, clustt:r homes, patio or zero Jot line homes and single family detached houses on separately platted lots!. as well as vacant land intended for development as such, all of which may be developed, used and defined as herein provided.. The terms shall include all portions of the lot o\\11.ed as well as ru1y structure thereon~ In, the case of an apartment building or other structure which contains multiple dwellings, each dwelling shall be deemed to be a separate Dwelling Unit~ h. Lot shall mean any parcel of land and any condominium unit located Vlithin a subdivision of the Property, according to a recorded pla~ is identified by a number and is intended for use as a site for a Dwelling Unit i. Neighborhood Association shall mean and refer to 1hose sub-homeowners associations created by Developer to fund necessary maintenance, repcur and replacement of common roofs, walls, yards, amenities and similar expenses whic-h are specific to a particular platted subdivision. + J. Venetian Bay-and Venetian Bay Community shall n1ean and refer to the Property. k. Owners Association. shall mean and refer to the Venetian Bay Homeovmers' Developer shall mean and refer to Venetian Bay of New Srnyma Beach, L.L.C., a Association, Inc., a Florida corporation not-for-profit, and its successors arLd assigns, the members of which shall consist of ovmers of Lots: in subdivisions of the Property hereinafter platted and recorded in the Public Records of Volusia County, Florida. A copy of the 1\rticles of Incorporation and the By-laws of the Association are attached hereto as Exhibits B and C ~respectively. 1. Phrases "purchase from Developer'' "sale by Developer" and similar phrases when used in conjunction -with the sale of Lots, refer to transactions purs1iant to contract between Developer and a pm-chaser in which the purchaser receives title to a Lot. m. Surface Water or Sto11nwater Management System shall mean a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall 3

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tiook : bJZ t· Page: 3954

events, inc-orporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, at1d water pollution or otherwise affect the ql1antity and quality of discharges.. n. Structure shall mean any manrnade item placed on, in or m1der the lands or placed on in or under any improvement or facility, including, but not limited to, buildings, dwelling units, swimming pools, fountains, fences, walls, signs, barbecue pits, television or radio antennae, or satellite dish or microwave antennae, clotheslines, garages, sheds, outbuildings, porches, balconies, patios, driveways, walls, lighting apparatus, window bauiers, 'Window awnings, pipes, poles, recreational facilities such as basketball courts or goals, tennis courts, shuffi<!board courts, and lawn decorative objects sucl1 as statues, tables, tents, flags, shacks, barns, sht!ds or other temporary storage or residence fac-ilities. o. Subdivision shall mean any platted unit or phase of the Property, recorded by the Developer in the Public Records of Volusia County, Florida~ p. Wetlands shall mean those areas indicated or shown as W•e1lands on any recorded plat which is subjected to this Declaration. Section 1.2. Property Subject to Covenants and Restrictions, The;~ Property subject to the Declaration of Covenants and Restric.tions is that Property, and any })lats or replats thereof, described in the Legal Description which is attached het~to as Exhibit A.

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ARTICLE II RESTRICTIVE COVENANTS

S~on. 2.1. lLot Usaue No Lot shall be used for any purpose other than a single-family dwellin~ garage and groW1ds.. The areas included within the lot line of each individual Lot, but not included within the Dwelling Unit constructed on each Lot, are hereinafter referred to as grollllds, and shall be used for normal and customary yard purposes~ Except, howe,rer, those portions of Lots sho\\m on the plats as Conservation Easement Areas shall not be disturl>ed except as specifically allowed by order or pennit issued by appropriate local government body or regulatory agencies. Sectiqn 2.2. Design ,R~view ~ommitt~ ,/\-nprov~s. Except fo1~ Developer, no person or entity {including the Associations) may erect on~ plac-e ont alter~ or pennit any structure or addition to rerr1ain -within the Subdivisions unless and until the site plan, floor, plan, elevation, landscaping plan, abbreviated specifications, etc., are reviewed and approved by the f>esign Review Committee 4

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Book: 5327 Page: 3955

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(hereinafter the Committee). The Committee is a committee of the o~er:; Association (with or without express approval of the Owners Association) for the purposes of enforcing the decisions of the Committee, including but not limited to injunctive relief. In order to im~serve the character of the Subdivisions, the Developer hereby reserves for itself and its successors ,the right to appoint the n1embers of the Committee. All property 0"1ted or controlled by the OwneJrs Association and any Neighborhood Associations is subject to the Committee's authority. The Committee shall review proposed buildings or structures (including plans and specifications for same or alterations of prior approved buildings or structures) as to the hannony of the external desi1~ and location of the building or structure with respect to existing buildings and structures, with respect to topography, vegetation, drainage and the finished grade of elevation of the Lot, and with respect to any other relevant considerations the committee deems appropriate which are based upon acceptable standards of Planning, Zoning, Construction and shall include the requirerrlents of Exhibit ''B'' to the Venetian Bay Master Development Agreement. The Committee may include considerations which are exclusively based on aesthetic factors. 0'Wl1ers will remain responsible for securing City building permits as necessary after securing approvals from the Committee. Section 2.3 Non~Pennitted Structures and Vehicles. No vehic1es and no structure ofa temporary nature or character, including, but not limited to, boats, trailers, house trailers, mobile homes, campers, recreational vehicles, tents, shacks, sh,eds, barns or similEtr structures or vehicles shall be used or permitted to remain on any LotJ No automobile, truck, or otl1er commercial vehicle, which contains lettering, shall be parked (for any period oftime in excess o-f ten consecutive hours) or stored or otherwise permitted to remain on any Lot except in a garage atta.ched to the residence. Secti9n 2.~r Pa~k.ine;. No automobile, truck, motorcycle, boat and trailer, trailer, house trailer, mobile home, camper, or other similar vehicle shall be parked on any street (including the right-of-way) overnight or for a continuous period of time in excess of ten consecutive hours, except in designated off-street parking areas. No more than two (2) vehicl,,s for each garage space shall be permitted on ru1y lot. Secti~n 2.S R. V. ~nd Boat Storage and P@rking. No recreatiomtl vehicle, boat., boat and trailer, or trailer alone shall be parked for any period of time in excess of t<;!n consecutive hours, or stored or otherwise permitted to remain on any Lot except in a garage attactled to the residence or in an approved detached garage. If there is demand sufficient to generate enough rental income to make it economically feasible, Developer may designate an area for storage of recreational vehicles, boats, boats and trailers and trailers alone, subject to rules and fees establi:shed by the Association, but in no way shall an owner be excluded from the above stated time r•estrictions for parking a 5

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Uouk: b~z, Page: 3956

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recreational vehicle, trai1er, boat or boat and trailer in the event that space is not available within a designated area for storage. ~~jiqn 2.6. "Remodeling or Changes. In order to preserve the ch,nacter of the Venetian Bay Community, no exterior walls or roofs of any structure (including materials and colors of said walls and roofs) shall be changed or modified withot1t specific prior written approval of the Committee. No garage shall be converted to uses other than storage of vel,Jcles or other personal property unless the Committee has approved another garage to be constructe<i as a replacement. Section 2.7. O\vner Maintenance. All owners shall keep landscaped portions of their grounds well maintained, free of disease, bugs and in a presentable conditic>n, and shall not permit thereon any unsightly gro~ weeds, or llllderbrush. If any owner shall fail to maintain the landscaped portion of his Lot as herein required, the 0'Wtlers Association shall have the power to correct such omission and assess the cost thereof to such o'Wller and place a lien for such cost against owner's Lot and improvements thereon. Owners~ subject to approval ofthe Committee, may leave designated portions of their Loi and if undeveloped, the entire Lot, it1 a natural: state as long as it is not unsightly ru1d does not constitute a nuisance. Any Conservation Easement located on a Lot must be Jeft in a 11atural condition and W1disturbed as required by any plats or Development Orders. Toe Owners Association shall have the right to adopt additional rules and regulations to enforce this subsection. Sectioi;t 2.w8. Owners Associ;1tjon MaintenaJJI~e Bi2Jits. Without limiting the above, the Owners Association shall have the right to maintain, require and enfo·rce maintenance of that portion of Common Areas!t street rights of way or Lots lying between f e11ce line and the abutting Lot line or lying between the curb of a street within the Subdivision and 1he Lot line. The Owners Association shall have the right to adopt rules and regulations to enforce this provision. Section 2.9 l\1aintenance Easements. For the purpose of providing access to each owner of a boundary line wall or structure~ to permit painting, maintenance, re1)airs or reconstruction of such wall or struc-ture that abuts such owner's boundary lines, the adjoining o\Vller or owners of each Lot which abuts such boundary line wall or structure hereby gi,,e and grant a perpetual easement to the own.er or owners of such wall or structure to enter upon the property of such adjoining owner or owners for the specific purpose of painting, rnaintaining, repairing or reconstructing such wall or structure. Such entry will be made in a reasonable manner and only at reasonable times, and any damage caused by such entry shall be repaired as soon as practicable and at the expense of the owner of the wall or structure who causes such entry to be made. In the event of controversy,. the decision of the Board of Directors ,of the Owners Association shall control .. 6

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Sectiop 2.10.. Special ~fiiptenan~e ~aseP.~nts. In the event any p,ortion of any structure originally constructed by the Developer or a designated successor developer, including boundary line wall, shall protrude over an adjoining Lot or Common Are~ such structure or boundary line wall shall not be deemed to be an encroachment upon the adjoining Lot or Common Area. In the event there is such a protrusion, the owner or owners of the Lot or Com.mctn Area on which such protrusion extends shall be deemed to have granted a perpetual easement to the adjoining owner or owners for continuing maintenance and use of such projection or boundary wall, including any replacement thereof. . Sectj,on 2.11. Q~ign Reyi~ ~o,mmittee Membei:ship The Committee shall be composed of three (3) persons. The members of the Committee shall be appointed l,y the Developer or its successors. In the event of death, resignation, inability to serve, or other vacancy in office of any member of the Committee, the Developer or its successors shall retain the right to appoint members of the Committee even after twnover of the O\VD.ers Association to owners <>f Lots. Sect\on 2.tir: Committ~ Decisi9q Making The Committee shall indicate its approval or disapproval, as the case may be, of the matters required in Section 2.2 hereof to be approved or acted upon by them, b}' a written instrument filed with tl1e Secretary of the l3oard of Directors ofthe Ovmers Association1) and served personally or by certified mail upon the applican~ identifying the proposed building or struc~ and, if the same is disapproved, the reason for such disapproval. The decision of the Committee shall be final. If the Committee fails or refuses iro approve or disapprove the aforesaid matters within thirty (30) days after the application of reque!,t for action is made and after a floor pl~ elevation and abbreviated specifications (includirLg landscaping, exterior materials, colors, and site plan for all structures) have been received by the~ Committee, then it shall be conclusively presumed, as to all o-wners and interested persons, that the particular alleged violation of this Declaration is, and it shall be deemed automatically to be~. excused, but solely as to that particular applicant and application, and any and all rights of action of the Committee arising from said particular alleged violation shall be deemed to have been waiv~:1, but only with respect to that particular applicant and application. Section 2.13. Domesticated Animal Contro1. In order to maintain and preserve the peace and tranquility of the Venetian Bay Community, the Owners Associati1,n shall have the right to adopt reasonable rules and regulations regarding the ·keeping of dogs, cats and other domesticated household pets, including prohibiting the keeping ru1d breeding of sucI1 animals for commercial purposes, and specifically shall have the right (i) t<> require such animals to be leashed; (ii) to prohibit such animals from roaming at large beyond the confines of thejr owner's grounds; (iii) to 7

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require that owners keep their pets from making noises likely to disturb others; (iv) limit the number of such animals; (v) require owners to dispose of animal waste in a sanitary manner and to control the odors therefrom and (vi) to adopt such other rules and regttlations as may seem necessary or required to carry out the purposes of this restriction. Section 2.14. Lftvestoek Prohibition. Except as provided otherwise in Section 2.13 above, no livestock, swine, poultry or animals of any kind other than those described in the preceding section shall be raised, bred or kept within the Venetian Bay Community. §ectiop 2.15.: Sign Cont~l. No sign of any kind shall be erected, permitted to remain on or displayed to public view on or from any Lot, except an approved sign giving the name of the occupant of the residence located on said Lot or an approved sign advertisirtg the premises for sale or rent. All signs must be approved by the Committee as a condition to thei1· being erected or being allowed to remain. Political signs shall be erected and removed in accordance with applicable City ordinances. The Declarant, and builders designated by Jilin, reserves the right to erect signs, flags, or the like upon common areas or Lots ovvned by the l)eclarant for the p1irpose of advertising or marketing Declarant's I..ots or the Venetian Bay Community in general to the public. Section 2.16. Offensive Activities. No noxious or offensive ru...--.iivity may be or may, become an annoyance or a private or public nuisance shall be carried on or suffered to exist on any Lot. .Secti~n 2.17.:~ Garb~ge Control No Lot, Common Area, Dra.inal~e Area or Conservation Easement Area shall be used for dumping, discharge or storage of rubbish!. trash, garbage, or other solid waster material. All Lots shall be kept free of the accumulations of rubbish, trash, garbage, and other waster materials. All incinerators or other equipment used for the collection, storage or disposal of solid waste materials shall be kept in a clean and sanitary condition. The use of any incinerators or similar equipment or facilities shall be in accordance with applicable state, county and city environmental laws and ordinances .. Section 2~18. Fences and Shrubs. Fence or wall placement and hedge or shrub planting near streets shall be subject to Committee approval and in complim1ce -with the applicable provisions of the Ordinances of the City ofNew Smyrna Beach. Section 2..19. Tree Removal. Removal of trees from any Lot within the Subdivision shall be in accordance with applicable provisions of the Committee and Ordinances of the City of New Smyrna Beach. Section 2.20.: DtffJW•I~ Each Lot owner is granted an exclusive easement for ingress and egress purposes over those parts of the c.ommon Areas upon which a <iriveway to said owner's 8

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garage is built, said easement running -with the land~ It s118.11 be the owner's duty and obligation to maintain and repair said driveway in good condition.. 1be driveway to a ~~arage is to be for the exclusive use of the garage owner. No driveway shall be constructed, maintained, altered or pennitted to exist on any C.ommon Area or Lot if the driveway obstructs or would obstruct or significantly impede the flow of surface drainage in the area adjacent to the Lot or in the street right--of-,va} 1 or swale area, adjoining or abutting the Lot. No driveway shall be constructed of a material such as mulch 1hat is subject to displacement by stormwater. Seqion 2.21. Copmon ~ea Man~geme~t ap.s.I ~nershiR Except where operation, maintenance and management is more appropriately vested in a Neighbo•rhood Association, the Owners Association shall operate, maintain and manage all Common Areas, all islands located in the streets, all private roads and all road rights-of-way which are not mainta·ined by the City of New Smyrna Beach., whether or not such Common Areas, islands or road rights--of-way are shown on a plat. It is intended that the Owners Association shall maintain all rights-01:.way and all islands, as well as all Common Areas, not specifically and more appropriatel:r tmder Neighborhood Association ownership and maintenance. The Owners Association and all Neighborhood Associations must accept any deed to the above-described areas from the [>eveloper when tendered by the Developer. The Developer is authorized to record such deeds prior to delivering same to the Owners Association or to a Neighborhood Association. The Ovmers Association shall enforce the restrictions and covenants contained herein, and shall undertake and perfor1n all acts and duties necessary and incident to such duties, all in accordance with the provision.s of this Declaration, the Articles ofIncorporation and By-Laws of said Owners .A..ssociation~ Section ~-22:. Main~nance (!f m~tO(lllfl~J!ter ,Svstem , and( Discharge Fs,.cilipef! ~nagement and Ownershio "Draiq!1e , A;reas .~nd Cons,;n:~tjon EJlsement Areas. The Owners Association shall be responsible for the maintenance, operation and repair of the surface water or stonnwater management S}'Stem. Maintenance of the surfEtee water or storm.water management systems shall mean the exercise of practices which allov{ the systems to provide drainage, water storage, conveyance or other surface water or stonnwate1· management capabilities as pennitted by St Johns River Water Management District. Any repair or reconstruction of the surface water or stormwater management system shalt be ~ pennitted, or, if modified, as approved in "1riting by the St.. Johns River Water Management District. The C)wners Association shall manage 1 and maintain all discharge facilities, and shall manage, mai11tain, monitor and, where applicable, preserve natural assets and materials located within the Drainage Areas and Conservation Easement Areas, including, but not lin1ited to, groundwat(~r, wetlands~ lakes, ponds, 9

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tributaries and wildlife l1abitat. The Owners Association has the responsibility and authority to establish and enforce rules, regulations and other controls as needed to accomplish the maintenance, monitoring, management and preservation obligations outlined above~ The~ Owners Association must accept from the Developer when tendered by the Developer any de~ed transferring to the Owners Association all or any part of the Drainage Areas or the Conservatio11 E~ent Areas. The Developer is authorized to record suc.h deeds prior to delivering same to th,e Owners Associationj The Owners Association is hereby granted authority to enforce and shall enfo,rce the restrictions and covenants contained in this Section 2~22 herein or in Development Orders. issued by the City of New Smyrna Beach, and shall undertake and perfonn all acts and duties ne,cessacy and incident to such Development Orders, all in accordance with the provisions of this Declaration, the Articles of Incorporation and By-Laws ofthe Owners Association. Section 2.23. Enforcement of Conservation Easements. All Conservation Easements are perpetual undivided interests in the real property upon which the Conse~rvation Easements are located. Nothing in this Declaration shall prohibit the Conservation Easernent Areas from being acquired by any governmental body or agency or by a charitable corporati«)n or trust described in Section 704.06~ Florida Statutes (1995), as long as such acquisition is approved by the St. Johns River Water Managen1ent District or its successor governmental regul:1tory body (hereinafter inclusively referred to as the District;:) and by the City of New Smyrna Beach. The Conservation Easements created by virtue of being sho\:\lll and indicated on any recorded plat of real property which is developed as a unit or phase of Venetian Bay Community and is subjected to this Declaration and the restrictions applicable to such Conservation Eru~ment Areas shall be enforceable by the District, the City of New Smyrna Beach and the O\Vtlet~ Association, and shall not be amended without the prior approval of the District and the City of~Jew Smyrna Beach. The Saint Johns River Water Management District shall It.ave the right to enf<)rce, by a proceeding at law or in equity, the provisions contained in the Covenants and Restrictions which relate to the maintenance, operations and repair of the surface water or storrriwater marutgement systems. Section 2.24 Insurance Eac-h Lot owner shall, at all times after c-c•nstruction of a Dwelling Unit on the Lot, and each owner of a Dwelling Unit shall maintain fire: and extended coverage casualty insurance on the improvements on such Lot and on the Dwelling Unit, and shall use the proceeds thereof to repair or replace any damage to or destruction of stLCh improvements or the Dwelling Unit within a reasonable time after such casualty. Similarly, the owner of any boat, recreational vehicle or other vehicle stored in a designated storage area must carry casualty Insurance. 10

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