Book: b:..i:21 Page: 3961
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Se~tion 2.25. Chan_ges jn Coven11nt!. No c-hange in the Covenants "rhich would materially alter the characte-r of the Venetian Bay Community or the permitted use of tl1e lands and structures within the Venetian Bay Community shall be made \Vithout the prior approval of the City Commission of the City of New Smyrna Beach. Any amendment to the Covenants which alter any provision relating to the swface water or stonnwater management system, beyond maintenance in its original condition, including the water management 1:,ortions of the common areas~ must have the prior written approval of the St. Johns River Water Management District. Section 2.26. Amendments to Subdivision Plats. The Developer or its successors, subject to approval of the District and the City of New Smyrna Beach regarding amendments to Conservation Easement Areas, shall solely retain the right to amend or replat the plats of the present and any future phases and units of the Subdivisions, without requiring concurrence by the Associations, Lot Owners or Dwelling unit o\\iners., provided amendme11ts are consistent with Article VID of this Declaration. Section 2.27 Duties of the Asso£iation The Association shall be responsible for the maintenance, operation and repair of the surface water or stormwate1~ management system. Maintenance of the surface water or stormwater management system shall mean the exercise of practices which allow the system to provide drainage, water storage, con,·eyance or other surface water or stonnwater management capabilities as permitted by the Sa1:nt Johns River Water Management District. Any repair or reconstruction of the surface water or &iom1water management system shall be as pernntted or, if modified, as approved in writing by the Saint Johns River Water Management District. ~ectj.on .~.2& E~sement for A~ce~~ a~JI Qrajn~Ke The Owners ,\.ssociation shall have a perpetual non-exclusi~'e easement over all areas of the surface water or ~;tormwater management system for access to operate, maintain or repair the system. By this easem(:nt, the Association shall have the right to enter upon any portion of any Lot which is a part of the surface water or storro.water management system, at reasonable times, and in a reasonable manner, to operate, maintain or repair the surface water or stonnwater management system as required by the St. Johns River Water Management District permit. Additionally, the Owners Association shall have a perpetual non-exclusive easement for drainage over the entire surfru:e water or stoim-water management system. No person shall alter the drainage flow of the surtace water or stormwater management system, including buffer areas or swales, without the prior ~rritten approval of the St. Johns River Water Management District. The St. Johns River Water iv[anagement District shall have the right to enforce, by a proc-eeding at law or in equity, the prc,visions contained in the 11
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