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          Holiday Estates 3rd Addition

HOLIDAY ESTATES THIRD ADDITION

HOMEOWNERS ASSOCIATION

Deed Restrictions

Approved 12/11/02 - Filed with Charlotte County 1/17/03 in Book 2158. Pages 425-428

 

(I) SCOPE: These restrictions and covenants shall run with the land and will be binding upon all persons who take title or

 possession to a lot or home in Holiday Estates Third Addition.

(2) ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or
attempting to violate any of said restrictions, either to restrain violations or to recover damages including attorney's fees and costs.
Said action may be brought by the Homeowner's Association or any owners adversely affected by such violations.

(3) Age Restriction. This is a housing facility for older persons.

a. Pursuant to the Exception to the Federal Fair Housing Amendment Act of 1988, at least 80% of units shall be
occupied by at least one (1) person age fifty-five (55) years of age or older. The minimum age of other unit
occupants shall be eighteen 18 years of age, unless decided otherwise by the Board of Directors as provided
herein.

b. However, the Board of Directors may allocate occupancy of up to 20% of the units in the Association

            to persons under the age of fifty-five (55) years. This allocation shall apply in the following circumstances:

The unit shall be occupied by at least one (1) person age fifty (50) years or older.

                     The minimum age of other unit occupants shall be eighteen (18) years of age, unless decided otherwise by
                        the Board of Directors as provided herein;

                     The individual has relatives in the development who would benefit from their residence nearby;

                     The individual inherited the property from former occupants;

                     The individual is the surviving spouse or cohabitant of a former occupant;

                    The Board of Directors may, in its discretion, approve occupancy of a unit by persons under the age of fifty
                   (50), if the proposed occupants can establish special circumstances;

               

             These allocations are not intended to be "exhaustive."

         c. The Board of Directors shall have the authority to adopt reasonable rules and regulations to enforce this
             restriction including, but not limited to, the right to require potential occupants to provide proof of their age upon Board request.

        d. The Board of Directors reserves the right to deny occupancy to any person where such occupancy would cause
            the Association not to qualify as housing for older persons under the Federal Law.

        e. Guests, including those under the age of eighteen (18) years if occupying the unit with their custodial adult(s),
            may occupy a unit in the absence of the permanent occupant for a period of up to thirty (30) consecutive days

            in any twelve (12) month time period.

        f. Guests, including those under the age of eighteen (18) years, may occupy a unit if the permanent occupant is
            present in the unit, for a period of up to ninety (90) consecutive days in any twelve (12) month time period.

        g. No unit shall be leased or rented, except if one of the occupants is at least fifty-five (55) years of age or older
            and otherwise meets the requirements of this restriction.

         h. The Board of Directors may, in its discretion, approve occupancy of a unit by a child under the age of eighteen

            (18) years so long as one unit occupant is at least fifty-five years of age.

(4) PRE SALES SCREENING: Prior to the sale of any home in Holiday Estates Third Addition, application must be made to
the Home Owner's Association, to insure compliance with the age restrictions. Said application must state the names and ages of
all prospective buyers and their intentions for the occupancy of the property. The buyers must provide picture identification. A
$25.00 fee in U.S. currency must accompany each application. The screening process shall apply to all transfers of title within
this subdivision, including persons who presently reside here.

(5) MEMBERSHIP: Membership in the Holiday Estates Home Owner's Association shall be open to all property owners within
the subdivision upon the payment of appropriate dues. Only those households that are current in their dues will be entitled to vote
on matters before the Association.

(6) SINGLE FAMILY: All homes in this subdivision are limited to single family occupancy.

(7) APPEARANCE: No home will be allowed in said subdivision that does not conform in appearance and quality with the
remaining units in any referenced block. All improvement or changes to the building, driveways and landscaping must likewise
conform in appearance to the rest of the community. The Homeowners' Association of said subdivision will make the
determination whether or not the home and/or changes to the home meet the here referenced standards. All plans for
additions/changes must be submitted to the Home Owners' Board of Directors and approved prior to receiving a Charlotte County
Building Permit. The exterior of all homes must be kept in good appearance and repair.

(8) SET BACKS: All set backs will be in accordance with Charlotte County Building Codes.

(9) HOME SITE: No home, may be placed in the subdivision which contains less than 768 square feet of floor space, exclusive
of porches, carports, garages, utility rooms and lanais. All homes must have siding of aluminum and/or vinyl. No more than one
home will be placed on each lot and must be used for residential purposes only. No home will be less than 24 feet in width.
Original homes and /or replacement homes placed on a lot must be no more than one (1) year old as established by its certificate
of title .                                                                                                                                                                                   Page 1

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